pablo lerner - Academia.edu (original) (raw)
Papers by pablo lerner
Social Science Research Network, Apr 12, 2014
French Abstract: La loi israelienne sur les procedures d’execution prevoit une solution alternati... more French Abstract: La loi israelienne sur les procedures d’execution prevoit une solution alternative de logement pour le debiteur hypothecaire en cas de defaut de paiement de sa dette. Si le logement est vendu dans le cadre d’une procedure d’execution, le debiteur a le droit de recevoir, du montant total percu de la vente du bien immeuble, une somme d’argent qui lui permettra de louer un logement pour une periode d’un an et demi. La solution adoptee par la loi israelienne constitue un exemple de la difficulte de concilier les besoins sociaux avec les considerations utilitaires et la necessite de permettre un acces raisonnable au credit. Cette difficulte n’etant pas propre a Israel, nous considerons que ce sujet revet une importance toute particuliere du point de vue du droit compare. English Abstract: The Israeli Law of execution (amended in 2009) gives the mortgagor whose dwelling house has been sold , the right to receive form the proceeds of the foreclosure the sum that would be needed to rent an accommodation for a period of 18 months. The law rises important questions about the conflict between the debtor`s and the creditor`s right and about the attempts to find solutions to housing problems. Moreover, the solution adopted by Israeli law highlights the difficulty of reconciling social needs with commercial considerations and the need to allow reasonable access to credit.
Social Science Research Network, 2014
That is for example in Scotland. See Cases Materials and Texts on Unjustified Enrichment (J. Beat... more That is for example in Scotland. See Cases Materials and Texts on Unjustified Enrichment (J. Beatson, E. Schrage, eds., Portland, 2003), at 365. 4 At least regarding the terminology used does not affect Israeli law since the name in Hebrew does not refer to "just" or "unjustified" but to the law : Hasiat hosher ve lo ve mishpat (according to the prophet Yerimiahu) could be translated as "enrichment not according to law." 5
American Journal of Comparative Law, Jul 1, 2011
... Rein-hard Zimmermann convincingly shows that, notwithstanding the enactment of the B¨urgerlic... more ... Rein-hard Zimmermann convincingly shows that, notwithstanding the enactment of the B¨urgerliches Gesetzbuch (BGB), Roman law re-mained an intellectual basis for ... Part four coversproperty (Articles 500-692). Part five contains the law of Succession (Articles 693-821). ...
Social Science Research Network, Oct 27, 2015
Social Science Research Network, Nov 23, 2012
The aim of this Article is to examine the reception of foreign ideas in Israel within civil codif... more 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.
Social Science Research Network, 2007
This article discusses several questions that arise from within the Proposal of the Israeli civil... more This article discusses several questions that arise from within the Proposal of the Israeli civil code (waiting discussion in the Israeli parliament). The proposal is aimed to replace a piece meal code system in force in Israel today. The article points out the dialogue that occurred within the Israeli legal community regarding codification in general and shows the manner in which a mixed legal culture undergoes the process of codification.
Uniform Law Review, Aug 1, 2003
Revue internationale de droit comparé, 1999
Mordechai Rabello Alfredo, Lerner Pablo. Remarques sur le droit comparé en Israël. In: Revue inte... more Mordechai Rabello Alfredo, Lerner Pablo. Remarques sur le droit comparé en Israël. In: Revue internationale de droit comparé. Vol. 51 N°4, Octobre-décembre 1999. pp. 963-987
Social Science Research Network, Sep 8, 2011
The journal of law and religion, 2006
PROHIBITION OF RITUAL SLAUGHTERING 3 prominent representative Aristotle, did not devote too much ... more PROHIBITION OF RITUAL SLAUGHTERING 3 prominent representative Aristotle, did not devote too much philosophical attention to questions of the ethical treatment of animals. 7 The same might be said of Roman philosophy, which rarely considered what human communities owe animals. 8 Jewish attitudes toward animals are based on Biblical texts. The Scripture says that the Almighty bestowed on human beings the right to control animals, according to Genesis, where it is written that human beings shall "have dominion over the fish of the sea and over the fowl in the air and over every living thing that creepeth upon the earth." 9 According to Jewish tradition, however, at the time of creation, man was only permitted to eat fruit. In the Biblical test, God said: Behold, I have given you every herb yielding seed which is upon the face of all the earth, and every tree in which is the fruit of a tree yielding seed-to you it shall be for food; and to every beast of the earth.... 10 Rashi explains the phrase: "to you it shall be for food; and to every beast of the earth" to mean that the Scriptures regarded man and beasts as equals who were both to subsist on herbs and vegetables and that God did not permit Adam and his wife to kill any creature to eat its meat. 11 However, by the time of the children of Noah, the text shows that God permitted human beings to eat meat: "Every moving thing that liveth shall be food for you, as the green herb have I given you all things." 12 In Rashi's exegesis, God's permission to mankind to eat meat was given only after the Deluge; he explained that this text is God's announcement that everything ... "shall be food for you-I did not permit Adam to eat meat but only herbs and vegetables, but as for you (i.e., Noah)... I let you have everything." 13 7.
Revista de la Facultad de Derecho, Nov 16, 2013
Social Science Research Network, Sep 8, 2011
Boletín Mexicano de Derecho Comparado, 2014
Resumen: Cuando un deudor hipotecario no paga la hipoteca, el bien inmueble es vendido. La ley de... more Resumen: Cuando un deudor hipotecario no paga la hipoteca, el bien inmueble es vendido. La ley de ejecuciones de Israel (reformada en el 2009) permite al deudor hipotecario cuya vivienda es vendida, recibir del precio de la venta, una suma equivalente a 18 meses de alquiler, y de esta manera tener un techo para él y su familia al menos en forma temporaria. Esta disposición, que no aparece en otros sistemas jurídicos, plantea distinta cuestiones ligadas al relación deudores-acreedores. La norma en estudio se enmarca en el debate sobre cómo solucionar el problema habitacional sin acudir a un endeudamiento abusivo.
Theoretical Inquiries in Law, Jan 6, 2006
Israeli enforcement law uses both direct and indirect enforcementthe former via attachment of ass... more Israeli enforcement law uses both direct and indirect enforcementthe former via attachment of assets, and the latter via imprisonment of the debtor. The use of indirect enforcement via imprisonment is problematic, as it violates the basic rights of the debtor. I will argue that in response to this problem, the law created a framework for the "debtor of limited means." I will demonstrate that not only does this create an improper definition of the task of the Chief Enforcement Officer, but that it is also an inefficient way of dealing with an insolvent debtor. I will propose that the system differentiate between debtors who cannot pay their debts and those who do not want to pay their debts. I believe that encouraging the insolvent debtor to file for of bankruptcy will avoid the problem of imprisonment and enable the Chief Enforcement Officer to return to his natural role as judge of enforcement. Additionally, I suggest creating a separate track of "consumer enforcement," which would avoid the whole system of installments, imprisonment, and debtors of limited means, at least regarding consumer credit. * Senior Lecturer, Academic College of Law, Ramat Gan. I wish to thank the readers and editors of Theoretical Inquires in Law for their useful comments. I would also like to thank Mrs. Yael Kliers for her help with the English edition of this article. The well-known observation about exclusive responsibility for mistakes applies here too.
Boletín Mexicano de Derecho Comparado, 2004
THE IMPORTANCE OF COMPARATIVE LAW IS CLEAR: NOT ONLY DOES IT TO UNDERSTAND THE LAW AS A CULTURAL ... more THE IMPORTANCE OF COMPARATIVE LAW IS CLEAR: NOT ONLY DOES IT TO UNDERSTAND THE LAW AS A CULTURAL CREATION, BUT IT ALSO PROVIDES AN INTELLECTUAL BASE FOR THE INTERPRETATION AND THE ANALYSIS OF DIFFERENT LEGAL SYSTEMS, AS WELL AS HELPING FOR THE UNDERSTANDIN AND ADMITS DIFFERENT READINGS. COMPARISION AND HARMONIZATION NEED EACH OTHER, EVEN THOUGH THEY DEVELOPED THEMSELVES IN DIFFERENT PATHS. IN TURN, BOTH CONVERGENCE WITH AN ERA OF TRANSFORMATIONS THAT SEEMS TO BE LEARNING TOWARDS AN HARMONIZATION OF LEGAL SYSTEMS.
Annual Survey of International & Comparative Law, Dec 31, 2004
John owns a dog. The dog has disappeared and John publishes an ad in a newspaper offering a rewar... more John owns a dog. The dog has disappeared and John publishes an ad in a newspaper offering a reward to the person providing him information regarding its whereabouts. Peter finds the dog and returns it to John. He did not know about the ad. Is he entitled to the reward? What legal framework is appropriate to characterize John's promise? In speaking of reward we are talking about a declaration made to the public promising a determined tribute-a sum of money or something else-to the person or persons who fulfill a specific act. 1 While in some legal systems one who performs the object is entitled to the prize even if he did not know about the notice, in others knowledge is essential. In other words, some legal systems define the promise of reward as a unilateral act, and others-particularly under the common lawcharacterize the reward as a contract.
bepress Legal Series, 2004
Let us distinguish between attachment and garnishment. Attachment means a remedy by which a plain... more Let us distinguish between attachment and garnishment. Attachment means a remedy by which a plaintiff acquires a lien upon the property or effects of the defendant for the satisfaction of a judgment which the plaintiff may obtain in an action, or the act of taking, apprehending or seizing property. The term "garnishment" would be reserved for the process which permits a creditor to enforce the payment of a debt or claim through the property or money of the debtor held by another, execution of money or interest that are in the hand of third persons.
Osservatorio del diritto civile e commerciale, 2012
Social Science Research Network, 2013
Social Science Research Network, Apr 12, 2014
French Abstract: La loi israelienne sur les procedures d’execution prevoit une solution alternati... more French Abstract: La loi israelienne sur les procedures d’execution prevoit une solution alternative de logement pour le debiteur hypothecaire en cas de defaut de paiement de sa dette. Si le logement est vendu dans le cadre d’une procedure d’execution, le debiteur a le droit de recevoir, du montant total percu de la vente du bien immeuble, une somme d’argent qui lui permettra de louer un logement pour une periode d’un an et demi. La solution adoptee par la loi israelienne constitue un exemple de la difficulte de concilier les besoins sociaux avec les considerations utilitaires et la necessite de permettre un acces raisonnable au credit. Cette difficulte n’etant pas propre a Israel, nous considerons que ce sujet revet une importance toute particuliere du point de vue du droit compare. English Abstract: The Israeli Law of execution (amended in 2009) gives the mortgagor whose dwelling house has been sold , the right to receive form the proceeds of the foreclosure the sum that would be needed to rent an accommodation for a period of 18 months. The law rises important questions about the conflict between the debtor`s and the creditor`s right and about the attempts to find solutions to housing problems. Moreover, the solution adopted by Israeli law highlights the difficulty of reconciling social needs with commercial considerations and the need to allow reasonable access to credit.
Social Science Research Network, 2014
That is for example in Scotland. See Cases Materials and Texts on Unjustified Enrichment (J. Beat... more That is for example in Scotland. See Cases Materials and Texts on Unjustified Enrichment (J. Beatson, E. Schrage, eds., Portland, 2003), at 365. 4 At least regarding the terminology used does not affect Israeli law since the name in Hebrew does not refer to "just" or "unjustified" but to the law : Hasiat hosher ve lo ve mishpat (according to the prophet Yerimiahu) could be translated as "enrichment not according to law." 5
American Journal of Comparative Law, Jul 1, 2011
... Rein-hard Zimmermann convincingly shows that, notwithstanding the enactment of the B¨urgerlic... more ... Rein-hard Zimmermann convincingly shows that, notwithstanding the enactment of the B¨urgerliches Gesetzbuch (BGB), Roman law re-mained an intellectual basis for ... Part four coversproperty (Articles 500-692). Part five contains the law of Succession (Articles 693-821). ...
Social Science Research Network, Oct 27, 2015
Social Science Research Network, Nov 23, 2012
The aim of this Article is to examine the reception of foreign ideas in Israel within civil codif... more 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.
Social Science Research Network, 2007
This article discusses several questions that arise from within the Proposal of the Israeli civil... more This article discusses several questions that arise from within the Proposal of the Israeli civil code (waiting discussion in the Israeli parliament). The proposal is aimed to replace a piece meal code system in force in Israel today. The article points out the dialogue that occurred within the Israeli legal community regarding codification in general and shows the manner in which a mixed legal culture undergoes the process of codification.
Uniform Law Review, Aug 1, 2003
Revue internationale de droit comparé, 1999
Mordechai Rabello Alfredo, Lerner Pablo. Remarques sur le droit comparé en Israël. In: Revue inte... more Mordechai Rabello Alfredo, Lerner Pablo. Remarques sur le droit comparé en Israël. In: Revue internationale de droit comparé. Vol. 51 N°4, Octobre-décembre 1999. pp. 963-987
Social Science Research Network, Sep 8, 2011
The journal of law and religion, 2006
PROHIBITION OF RITUAL SLAUGHTERING 3 prominent representative Aristotle, did not devote too much ... more PROHIBITION OF RITUAL SLAUGHTERING 3 prominent representative Aristotle, did not devote too much philosophical attention to questions of the ethical treatment of animals. 7 The same might be said of Roman philosophy, which rarely considered what human communities owe animals. 8 Jewish attitudes toward animals are based on Biblical texts. The Scripture says that the Almighty bestowed on human beings the right to control animals, according to Genesis, where it is written that human beings shall "have dominion over the fish of the sea and over the fowl in the air and over every living thing that creepeth upon the earth." 9 According to Jewish tradition, however, at the time of creation, man was only permitted to eat fruit. In the Biblical test, God said: Behold, I have given you every herb yielding seed which is upon the face of all the earth, and every tree in which is the fruit of a tree yielding seed-to you it shall be for food; and to every beast of the earth.... 10 Rashi explains the phrase: "to you it shall be for food; and to every beast of the earth" to mean that the Scriptures regarded man and beasts as equals who were both to subsist on herbs and vegetables and that God did not permit Adam and his wife to kill any creature to eat its meat. 11 However, by the time of the children of Noah, the text shows that God permitted human beings to eat meat: "Every moving thing that liveth shall be food for you, as the green herb have I given you all things." 12 In Rashi's exegesis, God's permission to mankind to eat meat was given only after the Deluge; he explained that this text is God's announcement that everything ... "shall be food for you-I did not permit Adam to eat meat but only herbs and vegetables, but as for you (i.e., Noah)... I let you have everything." 13 7.
Revista de la Facultad de Derecho, Nov 16, 2013
Social Science Research Network, Sep 8, 2011
Boletín Mexicano de Derecho Comparado, 2014
Resumen: Cuando un deudor hipotecario no paga la hipoteca, el bien inmueble es vendido. La ley de... more Resumen: Cuando un deudor hipotecario no paga la hipoteca, el bien inmueble es vendido. La ley de ejecuciones de Israel (reformada en el 2009) permite al deudor hipotecario cuya vivienda es vendida, recibir del precio de la venta, una suma equivalente a 18 meses de alquiler, y de esta manera tener un techo para él y su familia al menos en forma temporaria. Esta disposición, que no aparece en otros sistemas jurídicos, plantea distinta cuestiones ligadas al relación deudores-acreedores. La norma en estudio se enmarca en el debate sobre cómo solucionar el problema habitacional sin acudir a un endeudamiento abusivo.
Theoretical Inquiries in Law, Jan 6, 2006
Israeli enforcement law uses both direct and indirect enforcementthe former via attachment of ass... more Israeli enforcement law uses both direct and indirect enforcementthe former via attachment of assets, and the latter via imprisonment of the debtor. The use of indirect enforcement via imprisonment is problematic, as it violates the basic rights of the debtor. I will argue that in response to this problem, the law created a framework for the "debtor of limited means." I will demonstrate that not only does this create an improper definition of the task of the Chief Enforcement Officer, but that it is also an inefficient way of dealing with an insolvent debtor. I will propose that the system differentiate between debtors who cannot pay their debts and those who do not want to pay their debts. I believe that encouraging the insolvent debtor to file for of bankruptcy will avoid the problem of imprisonment and enable the Chief Enforcement Officer to return to his natural role as judge of enforcement. Additionally, I suggest creating a separate track of "consumer enforcement," which would avoid the whole system of installments, imprisonment, and debtors of limited means, at least regarding consumer credit. * Senior Lecturer, Academic College of Law, Ramat Gan. I wish to thank the readers and editors of Theoretical Inquires in Law for their useful comments. I would also like to thank Mrs. Yael Kliers for her help with the English edition of this article. The well-known observation about exclusive responsibility for mistakes applies here too.
Boletín Mexicano de Derecho Comparado, 2004
THE IMPORTANCE OF COMPARATIVE LAW IS CLEAR: NOT ONLY DOES IT TO UNDERSTAND THE LAW AS A CULTURAL ... more THE IMPORTANCE OF COMPARATIVE LAW IS CLEAR: NOT ONLY DOES IT TO UNDERSTAND THE LAW AS A CULTURAL CREATION, BUT IT ALSO PROVIDES AN INTELLECTUAL BASE FOR THE INTERPRETATION AND THE ANALYSIS OF DIFFERENT LEGAL SYSTEMS, AS WELL AS HELPING FOR THE UNDERSTANDIN AND ADMITS DIFFERENT READINGS. COMPARISION AND HARMONIZATION NEED EACH OTHER, EVEN THOUGH THEY DEVELOPED THEMSELVES IN DIFFERENT PATHS. IN TURN, BOTH CONVERGENCE WITH AN ERA OF TRANSFORMATIONS THAT SEEMS TO BE LEARNING TOWARDS AN HARMONIZATION OF LEGAL SYSTEMS.
Annual Survey of International & Comparative Law, Dec 31, 2004
John owns a dog. The dog has disappeared and John publishes an ad in a newspaper offering a rewar... more John owns a dog. The dog has disappeared and John publishes an ad in a newspaper offering a reward to the person providing him information regarding its whereabouts. Peter finds the dog and returns it to John. He did not know about the ad. Is he entitled to the reward? What legal framework is appropriate to characterize John's promise? In speaking of reward we are talking about a declaration made to the public promising a determined tribute-a sum of money or something else-to the person or persons who fulfill a specific act. 1 While in some legal systems one who performs the object is entitled to the prize even if he did not know about the notice, in others knowledge is essential. In other words, some legal systems define the promise of reward as a unilateral act, and others-particularly under the common lawcharacterize the reward as a contract.
bepress Legal Series, 2004
Let us distinguish between attachment and garnishment. Attachment means a remedy by which a plain... more Let us distinguish between attachment and garnishment. Attachment means a remedy by which a plaintiff acquires a lien upon the property or effects of the defendant for the satisfaction of a judgment which the plaintiff may obtain in an action, or the act of taking, apprehending or seizing property. The term "garnishment" would be reserved for the process which permits a creditor to enforce the payment of a debt or claim through the property or money of the debtor held by another, execution of money or interest that are in the hand of third persons.
Osservatorio del diritto civile e commerciale, 2012
Social Science Research Network, 2013