The Land Law, 1969: A Critical Analysis

Abstract

To claim that the Land Law, 1969 is the most significant private law enactment to have been promulgated hitherto by the Knesset may perhaps be regarded as somewhat of anexaggeration. Nevertheless, it would seem incontrovertible that this statute is at any rate among the most basic and extensive to have been enacted by the Knesset in the realm ofprivate law. In order to appreciate the particular importance of this statute it is sufficient to consider two provisions thereof, namely, the abolition of recourse to English law as a source for complementing the local law in all matters relating to land; and, secondly, the repeal of the Ottoman land legislation. Some preliminary remarks may be of assistance in appreciating the full import of these two provisions.

Infusion of the Common Law into the Legal System of Israel

“…Its purpose was to restore registration of land to its former dominant position. 296 Another aspect of property law where the influence of English law due to Art. 46 was prominent was that of licensing in land.…”