Section 22 of the Torts Ordinance does not prevent the investigation of the claim
- The defendants further argued that rights in torts cannot be assigned, in light of section 22 of the Torts Ordinance, which states that "the right to a remedy due to a tort, as well as the liability thereto, cannot be assigned except by virtue of the law."
The claim should be dismissed when Mr. Ram is the owner and chairman of the board of directors in plaintiff 1, plaintiff 3 and plaintiff 4 (see his affidavit of November 29, 2022 (which was attached to the plaintiffs' request to add a party of November 30, 2022, in paragraph 5)). The defendants in their summaries did not argue against this, and in any case did not refute the matter.
122. In accordance with the position expressed in the rulings, both in the rulings of the Supreme Court and in the rulings of the district courts, the prohibition of assignment of rights in torts does not apply in cases of assignment between related business entities, of the type before us.
See, in this regard, Miguel Deutsch Levy Laws 213-214, para. 11.16 (2018); the opinion of the Honorable Justice Barak-Erez, Other Municipality Applications 5251/10 Yaakov Caspi in Tax Appeal v. Banco Bilbao Vizcaya, Argentaria. S.A. (published in the databases; 2013; in paragraph 35) (hereinafter: a financial matter); See also the opinion of the Honorable Judge, as he was then called, Rubinstein, in paragraphs A-C; and in the opinion of the Honorable Judge, as he was then called, a colleague in the Civil Appeals Authority 6250/23 Hachshara Insurance Company in a Tax Appeal v. Sharif Ayoub (published in the databases; 2024; at para. 10); as well as the position of the Honorable Justice Golomb, Other Municipal Applications (District Court) 69540-11-22 Ayoub v. Badash (Forum in the Databases; 2023; at paragraphs 21-23).
- For our purposes, the words of the Honorable Justice, as he was then called, Rubinstein, who explicitly stated in a financial matter (in paragraph A of his opinion):
... Even if we had doubted the case before us about the chain of mergers described by my colleague ... Therefore, we remain in the realm of assignment of charges, one should not lock the door to the possibility of a claim, even in the case of a check. In my opinion, the main principle is honesty and fairness, and if we wish, we will put them in the name of good faith - so that the sinner will not be rewarded;