"Sometimes this rule may serve as a guide for revealing the intention of the legislator, but there are also cases where the legislature discussed only a certain matter and did not intend at all to say that the law of an anonymous matter would be different from that; Therefore, the interpreter is not permitted to use the same principle unless he is convinced that he has indeed discovered the will of the legislature with its help" (my emphasis, R.R.; See also Civil Appeal 2622/01 Land Appreciation Tax Administration v. Lebanon, IsrSC 57(5) 309, at para. 10 of the judgment of President A. Barak (2002) (hereinafter: "the Lebanon case")).
Therefore, I do not believe that the enactment of sections 194-206 and the existing arrangement therein in relation to companies, as they themselves are, implies the existence of a negative arrangement with respect to the applicability of the derivative claim mechanism in associations.
- It should also be noted that The Non-Profit Organizations Law Enacted in 1980, about 19 years after the enactment of the Companies Law which includes the mechanism of the derivative claim (the Companies Bill, 5756-1995 2432, p. 2; the law was published on May 27, 1999). Also Amendment No. 3 toThe Non-Profit Organizations Law (in which they were inserted In section 50 The Law has certain non-material changes), was enacted in 1996, before the Companies Law came into effect.
On the face of it, it can be concluded that the legislature was "not familiar" with the possibility of filing a derivative claim when it enacted the Associations Law, and that the fact that it did not include an arrangement for filing a derivative claim does not mean that the legislature intended to deny the existence of such an arrangement. This is in contrast to the National Health Insurance Law, which was amended and stipulated the possibility of filing a claim on behalf of a health fund after the enactment of the Companies Law (Proposed Arrangements in the State Economy Law) Legislative Amendments to Achieve Budget Goals and Economic Policy for the Fiscal Year 1999) (No. 2), H.H. 5759-1998 2785, p. 230; The amendment was published on February 15, 1999 (hereinafter: "Proposed Law (Amendment No. 9) to the National Health Insurance Law")).