About
Dr. Adar teaches at the University of Haifa in Israel. He works in the areas of contract law, private law theory, legal remedies and comparative law. He is the author of a leading Israeli monograph entitled Contract Law: The Remedies—Towards Codification of the Civil Law (2009) (in Hebrew), as well as many journal articles. His research analyzes the role of remedies in private law from various angles: conceptual issues such as the definition and scope of the law of remedies, extra-ordinary remedies such as punitive and disgorgement damages, remedies in relational contracts, remedies in mixed-jurisdiction countries, the interrelations between contract and tort doctrines (e.g. comparative negligence and mitigation) and accumulation of remedies. He has also analyzed the new Israeli Civil Code and the possibility of unifying contract and tort remedies. Dr. Adar is an Associate Professor and Senior Lecturer in Private Law, Faculty of Law, at the University of Haifa. He earned his LL.B. (1996) and LL.D. (2003) at the Hebrew University of Jerusalem.
Education
- LLB (magna cum laude), The Hebrew University, Faculty of Law, 1997.
- LLD (within the Special Direct Program to L.L.D), The Hebrew University, Faculty of Law, 2004.
- Post L.L.D, The University of Toronto, Faculty of Law, Research in the fields of Legal Theory and Private Law, 2004.
Specialization
- Private Law Theory
- Legal Remedies
- Contract Law
- Tort Law
- Punishment and the Crime/Tort distinction
- Law Enforcement & Consumer Law
- Comparative Law
Publications
Articles
1. Law of Contracts, Ch. 4 in The Israeli Legal System, 69, 74-77 (NOMOS) (B. Medina, C. Walter, L. Scholz & H.B Wabnitz eds., Hart Publishing, Baden-Baden, Germany, 2019).
2. A Glance at the Work of a Legal Artist: Tribute to the Grand Master of Israeli Legal Academia, 67 Studi Senesi (University of Siena Law Journal), 252-268 (2018).
3. The CISG in Israel, Ch. 31 in International Sales Law: The Global Challenge, 518-538 (Larry Di-Matteo ed., Cambridge University Press, 2014).
4. L’Influenza della Cultura Giuridica Italiana sul Diritto di Israele (The Influence of Italian Legal Culture over Israeli Law), (with Pietro sirena), in Il Modello Giuridico – Scientifico E Legislativo – Italiano Fuori Dell'Europa 3-10 (Sabrina Lanni & Pietro Sirena eds. Edizioni Scientifiche Italiane (ESI), Napoli 2013) (In Italian).
5. La Dialettica di Principi e Regole nel Diritto Europeo dei Contratti: dal PECL al CESL e Oltre (Principles and Rules in the European Law of Contract: From PECL to CESL and Beyond), (with Pietro sirena), 2(2) Osservatorio Di Diritto Cicile E Commerciale (2013) [The Civil & Commercial Law Observer] (In Italian) 203-234 [this is a translated version of item 6 with adaptations for the Italian reader].
6. Comparative Negligence and Mitigation of Damages – Two Sister Doctrines in Search of Reunion, 31 Quinnipiac Law Review 783-842 (2013).
7. Contract Remedies - A Relational Perspective, (with Moshe Gelbard), The Organisational Contract (Ashgate 2013) 269-292 (2013).
8. Shedding Light on the Reliance Interest, in A Book in Honor of the Supreme Court Justice Theodore Or 343-395 (Aron Barak, Ron Sokol & Oded Shacham eds., 2013) (Hebrew).
9. Principles and Rules in the Emerging European Contract Law: From the PECL to the CESL, and Beyond, (with Pietro Sirena), 9 European Review Of Contract Law 1-37 (2013).
10. The Reform of the Standard Contracts Statute - A Critical Commentary, (with Moshe Gelbard) 5 Hukim (Hebrew University Journal of Legislation) 99-178 (2013) (Hebrew).
11. La Prospettiva dei Rimedi nel Diritto Privato Europeo (Remedies as An Emerging Concept in European Private Law), (with Pietro Sirena), 58 Rivista di Diritto Civile 359-387 (Italian) (2012).
12.Touring the Punitive Damages Forest: A Proposed Roadmap, 1 Osservatorio Di Diritto Civile E Commerciale 322-275 (2012).
13. Contract Law: Trends and Shifts in 2010, 6 Din U'Dvarim (University of Haifa Law Review) 41-84 (2011) (Hebrew).
14. The Role of Remedies in the Relational Theory of Contract - A Preliminary Inquiry, (with Moshe Gelbard), 7 European Review of Contract Law 399-424 (2011).
15. Restitution, Compensation, Accumulation of Remedies and Freedom of Contract (An Analysis of Supreme Court Civil Appeal No. 4630/04, rendered 13.12.2006) 40 Mishpatim (Hebrew University Law Journal) 827-886 (2011) (hebrew).
16. Contributory Negligence and Mitigation: Shall the Two Walk Together?, 10 Mishpat Ve'Asakim (Interdisciplinary Center Law Review) 381-421 (2010) (Hebrew).
17. Legal Engineering in Israeli law: Codification and Unification of the Law of Remedies, 64 Publications of the Swiss Institute of Comparative Law 69-85 (2009).
18. The Law of Remedies in a Mixed Jurisdiction: The Israeli Experience, (with Gabriela Shalev), 23 Tulane European and Civil Law Forum 111-141 (2008).
19. Remedies for Breach of an Obligation: A Look at the Remedies' Section of the New Israeli Civil Code, (with Gbriela Shalev) 6 Kiryat Ha'Mishpat (Ono Academic Law Review) 185-232 (2006) (Hebrew).
20. Of the Honey and the Sting - Reflections on Remedies and the Draft Civil Code, 5 Mishpat Ve'Asakim (International Center Law Review) 357-409 (2006) (Hebrew).
21. Why Unify Contract and Tort Remedies? A Reply to Professor Dagan, 36 Mishpatim (Hebrew University Law Journal) 357-412 (2006) (Hebrew).
22. Whiten v. Pilot Ins.Co: The Unofficial Death of the Independent Wrong Requirement and Official Birth of Punitive Damages in Contract, 41 Canadian Business Law Journal 247-278 (2005).
23. Wrongful Abortion: a Wrong in Search of a Remedy, (with Ronen Perry), 5 Yale Journal of Health Policy, Law and Ethics 507-586 (2005).
Books
Articles: Submitted for publication
- Determinacy and Legal Intention – Complex Relationship - Part I: The Definiteness Requirement – Does It Exist? (Pending, Mishpatim, Hebrew Un. L.J.)
- Determinacy and Legal Intention – Complex Relationship - Part II: Definiteness and Legal Intention – Can the Two be Separated? (Pending, Mishpatim, Hebrew Un. L.J.)
Books: Submitted for publication
- Disgorgement for Opportunistic Breach as Corrective Justice
Books (Chief Editor): Submitted for publication
- Theoretical Inquiries in Contract – Essays in Honor of Gabriela Shalev (Din-Udvarim Law Review & Nevo Publishing), (2019) (Hebrew) - Editor In Chief (Aharon Barak & Efi Zemach co-editors).
