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The New Statute Law of Contracts

Published online by Cambridge University Press:  12 February 2016

Uri Yadin
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Extract

In speaking to an international congress on a given field of Israel law it would be natural, in order to facilitate communication with our guests from abroad, to compare the local law with the rules prevailing in one or more foreign systems. By doing so, similarities as well as dissimilarities could be pointed out and thereby the local picture put into proper perspective.

Such comparison would have been easier had this congress taken place some years earlier, say in 1967. At that time a sweeping statement to the effect that the law of contract in Israel was the same as in England would have been fairly correct. To be true, some remnants from the pre-Mandate period of Ottoman legislation were still in force. But their impact on the living law was almost negligible in the face of the pervasive influx of English law and its nearly total domination in the field of contracts.

English principles and precedents were applied throughout, whether in compliance with the mandate contained to that effect in art. 46 of the Palestine Order-in-Council of 1922 (which was maintained on the establishment of the State) or, simply because English law and English law reports were better known to most lawyers, both on the bench and at the bar. The papers read by Judge Baker and Advocate Shimron at the International Lawyers' Convention here in Jerusalem in 1958 bear ample witness to this state of affairs.

Type
Articles
Information
Israel Law Review , Volume 9 , Issue 4 , October 1974 , pp. 512 - 517
Copyright
Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1974

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References

1 Agency Law (19 L.S.I. 231).

2 Bailees Law (21 L.S.I. 49); Pledges Law (21 L.S.I. 44). [For further discussion of this law, see Weisman, , “Principles of the Pledges Law, 1967” (1969) 4 Is.L.R. 417Google Scholar and Yadin, , “Some Further Remarks on the Pledges Law, 1967” (1970) 5 Is.L.R. 116CrossRefGoogle Scholar (Ed.)]; Guarantee Law (21 L.S.I. 41).

3 Sale Law (22 L.S.I. 107); Gift Law (22 L.S.I. 113). [For further discussion on these laws see Aronovsky, , “Comments on the New Law of Sales” (1969) 4 Is.L.R. 141Google Scholar and Landau, L. and Rakover, N., “The Gift Law, 1968” (1969) 4 Is.L.R. 242Google Scholar (Ed.)].

4 Transfer of Obligations Law (23 L.S.I. 277).

5 Contracts (Remedies for Breach of Contract) Law (25 L.S.I. 11). [See Shalev, Gabriela, “Remedies on Anticipatory Breach” (1973) 8 Is.L.R. 123Google Scholar (Ed.)].

6 Hire and Loan Law (25 L.S.I. 152).

7 [For comment on, and English translations of the Law see Shalev, G., “General Comments on Contracts (General Part) Law, 1973” (1974) 9 Is.L.R. 274Google Scholar (Ed.)].

8 Names Law (10 L.S.I. 95).

9 Prescription Law (12 L.S.I. 129).

10 Family Law Amendment (Maintenance) Law (13 L.S.I. 73); Adoption of Children Law (14 L.S.I. 93); Capacity and Guardianship Law (16 L.S.I. 106). [For fur ther discussion of these laws see Salzberger, and Shnitt, , “Social Welfare Legislation in Israel” (1973) 8 Is.L.R. 550Google Scholar (Ed.)]

11 Succession Law (19 L.S.I. 58). [See also Yadin, , “Reflections on a New Law of Succession” (1966) 1 Is.L.R. 132Google Scholar and Elman, , “The Succession Law, 1965: A Lustrum” (1972) 7 Is.L.R. 286CrossRefGoogle Scholar (Ed.)]

12 Land Law (23 L.S.I. 283). [See also Weisman, , “The Land Law, 1969: A Critical Analysis” (1970) 5 Is.L.R. 379CrossRefGoogle Scholar (Ed.)].

13 Movable Property Law (25 L.S.I. 175).