Abstract:
Although considered a mixed jurisdiction, the Israeli legal system differs from other mixed jurisdictions, as it was not originally a civilian jurisdiction that was subsequently exposed to the influence of common law, but rather the other way around. Since the establishment of the State in 1948, the Knesset adopted separate statutes, reforming contract law and property law in enactments influenced by Continental law. However, the style and method of legal development have, at all times since the British Mandate (1917-1948), remained in the tradition of the Common Law.
Life in developed states foresees intensive commercial relations. Persons, goods, services and capital regularly crossing national borders. To partake in such exchanges, a proper legal infrastructure is necessary. Israel is a small country, not an international commercial center, with a language not spoken or read by many outside Israel. Its legal system cannot develop fast enough by precedents. A carefully drafted civil code, based on comparative research, will improve Israel’s legal infrastructure and serve as a basis for future development, similar to other countries that adopted a civil code. The Israeli Ministry of Justice shared this perception early on, however did not appreciate the magnitude of the hurdles that need to be cleared in order to achieve the paradigm shift from the common law tradition to a civilian one …
Einhorn, Talia, The Common Law Foundations of the Israeli Draft Civil Code – a Critical Review of a Paradigm-Shifting Endeavor (February 15, 2016). Rabels Zeitschrift 80 (2016) 93-129.
First posted 2017-02-02 07:30:21
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