The Theory of Principle of Private Law of Patrick Morvan, or the Struggle for the Recognition of Judicial Lawmaking in France Continues

2017 ◽  
Vol 17 (2) ◽  
pp. 291-315
Author(s):  
A.V. Argounov ◽  
Keyword(s):  
Private Law ◽  
Judicial Lawmaking

The Codification of Civil Law and the Law of Torts

1990 ◽  
Vol 24 (3-4) ◽  
pp. 628-650 ◽  
Author(s):  
Aharon Barak
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Civil Law ◽  
Public Law ◽  
The State ◽  
Private Law ◽  
Legislative Authority ◽  
The Supreme Court ◽  
Judicial Lawmaking ◽  
The Law

From the establishment of the State until the present day, two quiet “revolutions” have occurred in Israeli law — thefirstin the area of public law, and thesecondin the area of private law. In public law we have witnessed the incorporation of a functional constitution — partly in the form of the Basic Laws, prescribed by the Knesset as constitutive authority; and partly through the consolidation of human rights, the handiwork of the Supreme Court engaged in judicial lawmaking. In private law we have witnessed the coalescing of a civil codification — mainly the product of the Knesset as legislative authority with judicial lawmaking “between the cracks” of the legislation.

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