General Comments on Contracts (General Part) Law, 1973

18 Pages Posted: 14 Jun 2015

See all articles by Gabriela Shalev

Gabriela Shalev

Ono Academic College Faculty of Law; Hebrew University of Jerusalem - Faculty of Law

Date Written: June 13, 2015

Abstract

The Contracts (General Part) Law, 1973 (hereinafter called the present Law), which has recently come into effect, constitutes the first chapter of an independent Israel Civil Code. Owing to the exigencies of time, laws regulating specific contractual transactions were enacted before the present Law; eight other enactments - the Agency Law, the Bailees Law, the Guarantee Law, the Pledge Law, the Sale Law, the Gift Law, the Transfer of Obligations Law, the Hire and Loan Law, - having already been introduced. Sec. 61(a) of the present Law which contemplates a possible conflict between these specific enactments and its own provisions, excludes the application of the present Law as lex generalis in the event of conflict between the general principles it embodies and the specific regulations of these Laws. It is, however, clear that in the absence of any specific arrangement the provisions of the present Law will apply and that where such an arrangement exists the provisions of the present Law will supplement it.

Keywords: contract, israel civil code, agency law, lex generalis, sec. 61(a)

Suggested Citation

Shalev, Gabriela, General Comments on Contracts (General Part) Law, 1973 (June 13, 2015). 9 Isr. L. Rev. 274 (1974) , Hebrew University of Jerusalem Legal Research Paper, Available at SSRN: https://ssrn.com/abstract=2618045

Gabriela Shalev (Contact Author)

Ono Academic College Faculty of Law ( email )

104 Zahal St.
Kiryat Ono, 55000
Israel

Hebrew University of Jerusalem - Faculty of Law

Mount Scopus
Mount Scopus, IL 91905
Israel

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
263
Abstract Views
1,229
Rank
211,529
PlumX Metrics