For the first time, Israeli private law has been laid down in a comprehensive and systematic Draft Civil Code. The authors of this collection of essays analyze key areas of that Draft from an Israeli and comparative perspective.
The volume is based on a symposium that took place in the Hamburg Max Planck Institute for Comparative and International Private Law. It has to be seen in the context of the international renaissance of the concept of codification. When the State of Israel was founded in 1948, it was essentially a common law jurisdiction. Since then, Israeli private law has continuously moved closer towards the model of the civilian systems of Continental Europe. It has now, for the first time, been laid down in a comprehensive and systematic Draft Civil Code. In an introductory article, Aharon Barak, the former President of the Supreme Court of Israel and Chairman of the Codification Commission, presents that Draft in the context of the development of private law in Israel. Israeli Professors from the Universities of Tel Aviv and Jerusalem then analyze key areas within the law of obligations and property law of the envisaged codification, while a German or Austrian author, respectively, provide commentaries from a comparative perspective. The subjects dealt with are the integration of consumer protection, liability for breach of contract, unjustified enrichment, the law of delict, priority conflicts in property law, and the law of prescription (limitation). Central themes that come out in many of the contributions are the tension between continuity and change as well as the issue of coherence. The volume is rounded off by comments on the subject of codification, by a speech on the occasion of Amos Shapira's 70th birthday that was celebrated in the course of the conference, and by an English translation of the Draft Civil Code.
Table of contents:
Aharon Barak: Introduction to the Israeli Draft Civil Code -
Ofer Grosskopf: Consumer Protection under the Israeli Draft Civil Code -
Josef Drexl: Consumer Protection under the Israeli Draft Civil Code: A Response from a European and German Perspective -
Nili Cohen: The Four C's: Coherence, Clarification, Continuity, Change - Remedies for Breach of Contract in the Israeli Draft Civil Code -
Hans Christoph Grigoleit: Remedies for Breach of Contract: Remarks on the Israeli Draft Civil Code from the German and European Perspective -
Daniel Friedmann: The Israeli Law of Restitution and the Draft Civil Code -
Christiane Wendehorst: No Headaches over Unjust Enrichment: Response to Daniel Friedmann -
Izhak Englard: The Israeli Draft Civil Code: Changes in Tort Law -
Helmut Koziol: Changes in Israeli Tort Law: A Continental European Perspective -
Hanoch Dagan: Codification, Coherence, and Priority Conflicts -
Eva-Maria Kieninger: Codification of Property Law: Comments from a German Perspective -
Israel Gilead: Limitation of Civil Actions -
Reinhard Zimmermann: Limitation of Actions under the Draft Civil Code for Israel -
Kurt Siehr: The Draft Civil Code for Israel: Closing Remarks -
Gunther Kühne: Professor Amos Shapira: On the Occasion of His 70th Birthday
