A Civil Code for a Mixed Jurisdiction: Some Remarks About the Israeli Approach to Codification

תקציר

The aim of this Article is to examine the reception of foreign ideas in Israel within civil codification. The Draft of the Civil Code provides an opportunity to ask and answer seminal questions linked to the transplant theory and the manner in which foreign ideas are received and re-elaborated in a new legal jurisdiction. However, it is not enough to understand the specific transplant. It is also necessary to understand the relationship between the Israeli legislation and the dialogue that exists between the legislator, the Israeli judiciary, and the ensuing case law.