Abstracts

AGENCY

Emmanuel Bulz, "The "Negotiorum Gestor" in Jewish Law" (Heb.), Proceedings of the Eighth World Congress of Jewish Studies, Division C (Jerusalem: World Union of Jewish Studies, 1982), 41-46.)

S. Ettinger, "An Agent's Deviation from an Authorization in Jewish Law" (Heb.), Shenaton Ha-Mishpat Ha-Ivri 9-10 (1982-3), 29-51.)

D. Frimer, "A Review of the Legal Character of Agency" (Heb.), Shenaton Ha-Mishpat Ha-Ivri 9-10 (1982-3), 113-127.)

P. Segal, "No Agency for An Illegal Act" (Heb.), Shenaton Ha-Mishpat Ha-Ivri 9-10 (1982-3), 73-95.)

S. Shilo, "Basic Issues in the Law of Agency - a Comparison of Jewish and Israeli law" (Heb.), Diné Israel 9 (1978-1980), 113-126. - A basic difference between Jewish and Israeli law is that the former defines an act done through an agent, even if its legal significance is unknown, as agency. The tendency in Jewish law to endow material acts with legal significance, leads to a broader definition of agency in Jewish law than in Israeli law, or in other legal systems. Another aspect of Jewish agency law which makes it sui generis is the concept of an agent for an omission, which does not exist in other legal systems. (Y.S.K.)

Daniel Sinclair, "The Status of a Gentile as Agent under Jewish Law" (Heb), Shenaton Ha-Mishpat Ha-Ivri 9-10 (1982-83), 95-113. - An examination of the basis of incapacity of a non-Jew to serve as an agent for a Jew and non-Jew in Jewish Law, as developed in Talmudic and Post Talmudic literature. The source at the incapacity is grounded in the Agency of Biblical times being essentially an expression of tribal belonging generally used for ritual purposes, thus excluding those not of the tribe. Talmudic redaction reflects an extension of the prohibition of all facets of communal-economic life though S demonstrates a thread of opinion, developed substantially in modern Responsa, wherein a Gentile's incapacity is limited to ritual matters while in secular matters the non-Jew is fully competent to serve as agent under Jewish Law. (M.J.P.)

 

   Search this site            powered by FreeFind
    

The Jewish Law Association website is
hosted by the Centre for Jewish Studies
at the University of Manchester

About | Officers | Constitution | Membership | Conferences
Publications | Abstracts | Resources | Courses | Links

View the framed or non-framed version of this site