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Why Unify Contract And Tort Remedies? A Reply To Professor Dagan, Dr. Yehuda Adar
Why Unify Contract And Tort Remedies? A Reply To Professor Dagan, Dr. Yehuda Adar
Yehuda Adar Dr.
-This Article is in Hebrew-
The remedies section in the Israeli draft civil code attempts to create a unified law of remedies for the breach of any civil obligation, including originating in tort law and contract law. In his article, "The Risks of Codification: On Over-Coherence and Multiplicity of Remedies", Professor Dagan forcefully criticizes this attempt. The present article demonstrates that the two main criticisms raised by Dagan - against the unification of remedies and against the attempt to fortify the remedial response to breach of civil obligations - are unconvincing, from both a theoretical and a pragmatic point of …
Of The Honey And The Sting – Reflections On Remedies And The Draft Civil Code, Dr. Yehuda Adar
Of The Honey And The Sting – Reflections On Remedies And The Draft Civil Code, Dr. Yehuda Adar
Yehuda Adar Dr.
-This article is in Hebrew-
The remedies section in the Israeli draft civil code reflects a bold – some might say revolutionary – attempt to turn the law of remedies from a set of specific rules appended to various branches of substantive law into a single, autonomous and systematic legal branch. The section, entitled “Remedies for Breach of Obligation,” concludes the fourth part of the proposed code (dealing with obligations) and applies to the violation of any civil obligation, including breach of contract and the commission of torts. This article attempts to provide a broad theoretical framework for the law …