Articles and News

The Supreme Court ruled in an innovative ruling that in detailed contracts, in which the parties have expressly agreed on all terms, the court will not intervene or change the terms (such as management fees), not even through the principle of good faith, but will adhere to the language of the contract as it is; this is to maintain legal certainty, encourage investments and avoid creating new terms that are not agreed upon, thereby "redrawing the boundaries of the jurisdiction" of interpreting contracts of this type.

Is it possible to appoint a trustee in an individual insolvency proceeding who is not from the designated list of trustees that was formulated by law? The District Court, in its sitting as an appellate court, ruled that trustees appointed in individual insolvency proceedings must be included in the list of trustees for individual cases that was formulated by virtue of Section 126 of the Insolvency and Financial Rehabilitation Law, 5778-2018

According to the Spousal Property Relations Law, 1973 [hereinafter: “the Property Relations Law”], Section 4 provides that, as a rule, no sharing is applied to assets: “The marriage contract or its existence, in and of itself, shall not impair the property of either spouse, confer upon one of them rights in the assets of the other, or impose upon one of them liability for the debts of the other.

In accordance with Judgment No. 874-03-15, the Honorable Justice Flex ruled that charges of "arrears interest" should not be imposed on an alimony debt, unlike ordinary debt for various reasons. In his words: "However, I am of the opinion that precisely in view of this position, there was room to reach the opposite conclusion, which is that where the repayment of past alimony debt has ceased, in a court ruling, arrears interest will not be added to the debt fund."

Fraud as a cause of action can prevail over the principle of finality of proceedings. A fundamental principle of our legal system is that no person shall benefit from his wrongdoing.

The research deals with the subject of mediation in divorce when there is a situation of domestic violence between spouses. The purpose of mediation and other alternative dispute resolution methods is to provide a framework for resolving conflicts between spouses during divorce, by fostering dialogue with the aim of reaching an agreement through peaceful means. Note: This research is available currently in Hebrew.

Is it possible to request the transfer of a claim from one Magistrate’s Court to another Magistrate’s Court located within the same judicial district?

Minister of Justice Ayelet Shaked announced the completion of the "new Civil Code", which is a substantial and comprehensive reform of the Civil Procedure Regulations, the entry into force of the new Civil Procedure Regulations was postponed to 1.2.2020.