Caselaw

Civil Appeal 811/23 Emanuel Ben Haim v. Tishrei Furniture Ltd. - part 3

March 17, 2025
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9.  If the defendant admits, in writing or before a court, whether within or after the limitation period, the existence of the plaintiff's right, the limitation period will commence from the date of admission; An act that has a part of the merit is considered an admission for the purposes of this section.

In this section, "admission" - except for an admission that was accompanied by a statute of limitations.

 

If so, Section 9 The law establishes a "reboot" of the statute of limitations, given a defendant's admission of the existence of the plaintiff's right, so that the limitation period begins on the date of the admission, even if it was granted after the original limitation period has passed.  However, this section states that an admission accompanied by a "statute of limitations" is not considered an "admission" for the purposes of this section.

  1. In order for an admission of the existence of a right will lead, as stated, to the resumption of the statute of limitations according to Section 9 According to the law, the confession must comply with both the requirements relating to the software, and the In those that relate to its form.

As forContent The Confession, Halacha with Us that the confession must be explicit, complete and detailed, in such a way that "the defendant will admit not only to the existence of the required facts, but also to the existence of the plaintiff's right" (Civil Appeal 9413/03 Al-Naqwa Local Planning and Building Committee, Jerusalem, IsrSC 62(4) 525, 564 (2008) (hereinafter: the Alenkawa); Civil Appeal 8438/09 Rubab Property Company inTax Appeal v.  Dunitz Brothers Ltd.IsrSC 65(2) 635, 643-645 (2012); Civil Appeal 187/05 Naseer v.  Municipality of Upper Nazareth, IsrSC 66(1) 215, 253-254 (2010) (hereinafter: the We will tour); Civil Appeal Authority 9041/03 Bahtish v.  Ministry of Defense, paragraph 5 [Nevo] (16.8.2005) (hereinafter: the Matter Bahish); Civil Appeal 1017/91 Pesach v.  The Green Village A different appeal Levi Eshkol [Nevo] (1.4.1996)).

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