Judge Ofer Grosskopf:
I agree.
The conclusion of Section 9 to the Statute of Limitations ("Except for an admission that had a statute of limitations arguments") shows that The reason why an admission renews the limitation period is that it indicates the debtor's willingness to bear liability despite the passage of years, i.e., his implicit consent to waive the claim of limitation. This reason exists in a confession given in writing or in an oral confession given before a court, because of the assumption that the debtor would have been careful to qualify on the grounds of the statute of limitations a confession given in these ways, if he had wished to insist on it. This is not the case with an oral confession given outside the court, and recorded by the creditor, at least when the debtor is not even aware that he is being recorded. An admission given in these circumstances does not indicate that the debtor, who is likely to speak in his own opinion, is willing to waive the claim of limitation. Therefore A recorded confession without the debtor's knowledge is not sufficient to renew the statute of limitations, as the trial court ruled, and as well reasoned by my colleague, the judge Yael Willner.
| Ofer Grosskopf
Judge |
It was decided to reject the appeal as stated in the judge's judgment Y. Willner.
Given today, the 17th of Adar, a declaratory judgment was issued in general (March 17, 2025).
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Yael Willner Judge
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Ofer Grosskopf Judge
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Ruth Ronen Judge
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