General Comments on Contracts (General Part) Law, 1973
9 Isr. L. Rev. 274 (1974)
18 Pages Posted: 14 Jun 2015
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: Suggested Citation