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Cover of: The Common Law Foundations of the Israeli Draft Civil Code - A Critical Review of a Paradigm-Shifting Endeavor
Talia Einhorn

The Common Law Foundations of the Israeli Draft Civil Code - A Critical Review of a Paradigm-Shifting Endeavor

Section: Aufsätze
Volume 80 (2016) / Issue 1, pp. 93-129 (37)
Published 09.07.2018
DOI 10.1628/003372516X14497453829647
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  • Open Access
    CC BY 4.0
  • 10.1628/003372516X14497453829647
Summary
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 European civil codes. 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.