The (Re) codification of Israeli private law: Support for, and criticism of, the Israeli draft civil law code

The drafting of the Israeli Civil Law Code is perhaps the most ambitious legal project - certainly in the area of civil law - undertaken by Israel since the establishment of the state. This Article highlights various aspects of the Draft Israeli Civil Code, demonstrating the manner in which a mixed legal culture undergoes the process of codification and paying particular attention to the relationship between codification and judicial discretion. The success of the Israeli Civil Law Code depends on a broader understanding of the phenomenon of codification and the acceptance that codification is not an outdated form of law-making but rather a vital and flexible instrument that can be used to achieve a more adaptable and organized private law. Should it be approved as law, the Civil Code will afford a solid basis for a consistent development of Israeli Civil Law. With all its defects and flaws, it reveals the vitality of Israeli legal thinking, a vitality necessary to avoid stagnation and to keep a legal tradition relevant to changes in society.