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Full-Text Articles in Jurisprudence
Contract Law: Trends And Shifts In 2010, Dr. Yehuda Adar
Contract Law: Trends And Shifts In 2010, Dr. Yehuda Adar
Yehuda Adar Dr.
-This Article is in Hebrew- This paper presents an overview of some of the main developments in the general body of contract law in Israel during the 2009-2010 law-year and examines their possible impact on the rights of contracting parties. The author claims that these developments reflect a general pattern that characterized Israeli contract law in recent decades: On the one hand, a continuous, step-by-step progress is observed in numerous cases in which the Supreme Court introduced minor changes into existing rules or made an effort to clarify and improve the existing doctrine. Such developments are seen, for example, in …
Restitution, Compensation, Accumulation Of Remedies And Freedom Of Contract (An Analysis Of Supreme Court Civil Appeal No. 4630/04, Rendered 13.12.2006), Dr. Yehuda Adar, Dr. Moshe Gelbard
Restitution, Compensation, Accumulation Of Remedies And Freedom Of Contract (An Analysis Of Supreme Court Civil Appeal No. 4630/04, Rendered 13.12.2006), Dr. Yehuda Adar, Dr. Moshe Gelbard
Yehuda Adar Dr.
- This article is in Hebrew- This article examines focal issues in the law of remedies, in light of the Supreme Court judgment in the case of Kanyonin Nechasim uVinyan Ltd. v. Beney Ya'acov (2006). The case involved a contract for the sale of land. The contract empowered the seller, in case of termination following a fundamental breach by the buyer, to keep certain amounts of money paid under the contract and, in addition, to demand liquidated damages for the same breach. The main issue concerned the right of the seller, who terminated the contract and regained possession of the …
The Reform Of The Standard Contracts Statute – A Critical Commentary, Dr. Yehuda Adar, Dr. Moshe Gelbard
The Reform Of The Standard Contracts Statute – A Critical Commentary, Dr. Yehuda Adar, Dr. Moshe Gelbard
Yehuda Adar Dr.
-This article is in Hebrew-
The Role Of Remedies In The Relational Theory Of Contract: A Preliminary Inquiry, Dr. Yehuda Adar, Dr. Moshe Gelbard
The Role Of Remedies In The Relational Theory Of Contract: A Preliminary Inquiry, Dr. Yehuda Adar, Dr. Moshe Gelbard
Yehuda Adar Dr.
One of the leading contemporary theories of contract law is the relational theory. Notwithstanding its remarkable development since the foundational works of Macaulay and Macneil it would seem reasonably fair to maintain that this body of literature has generally neglected the discussion of legal remedies. Scholarly literature pertaining to the relational theory has typically focused on extra-legal or informal devices for the regulation of long-term contractual relations, such as: consensual adjustment of primary contractual arrangements in light of changing circumstances, informal incentives for performance and cooperation, the tendency to abstain from relying on formal rights and duties, and the frequent …