Disgorgement of Profits in Israeli Law

Disgorgement of Profits - Gain-Based Remedies throughout the World (Ewould Hondius and Andre Janssen [eds.]) (Springer 2015), pp. 299-324

3 Pages Posted: 7 Mar 2016

See all articles by Talia Einhorn

Talia Einhorn

Tel Aviv University - Faculty of Management; Ariel University

Date Written: August 15, 2015

Abstract

The study of disgorgement of profits in Israeli law demonstrates the availability of this remedy in nearly all legal areas. The extensive development of this remedy can only be explained in view of Israeli private law being the product of a mixed legal system with special characteristics. Accordingly, this study offers an overview of the special characteristics of Israeli private law (part 2); addresses the terminology regarding disgorgement of profits (part 3); the application of disgorgement of profits in different areas of the law (part 4); the calculation of profits to be disgorged (part 5); adjacent areas, such as negotiorum gestio (part 6) and punitive or aggravated damages (part 7); the links between administrative financial sanctions and private law remedies (part 8); and ends with an evaluation (part 9).

Keywords: Disgorgement of profits, restitution, Israeli law, unjust enrichment, administrative financial sanctions

JEL Classification: K10, K11, K12, K13, K21, K22, K23

Suggested Citation

Einhorn, Talia, Disgorgement of Profits in Israeli Law (August 15, 2015). Disgorgement of Profits - Gain-Based Remedies throughout the World (Ewould Hondius and Andre Janssen [eds.]) (Springer 2015), pp. 299-324, Available at SSRN: https://ssrn.com/abstract=2742905

Talia Einhorn (Contact Author)

Tel Aviv University - Faculty of Management ( email )

P.O. Box 39010
Ramat Aviv, Tel Aviv, 6139001
Israel
+972548181540 (Phone)

HOME PAGE: http://taliaeinhorn.com

Ariel University ( email )

Ariel
Israel
+972-54-8181540 (Phone)

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