Adv. S. even confirmed that he continued to deal with the tax authorities for the execution of the transaction and did not present any evidence according to which he announced the cancellation of the alleged transaction (at p. 31 of the paragraph).
It should be noted here that I even found it difficult to view the testimony of Adv. S. as objective testimony when I was under the impression that it was greatly influenced by the fear that a statement of claim would be filed against him, after he was dismissed as a defendant in the present proceeding (see, for example, at pp. 24, paras. 11-23, at 29, at paras. 33-39, and at p. 34, at paras. 4-9).
- In order not to leave a stone unturned, it is necessary to address the allegation of alleged disgraceful behavior, according to which the plaintiff filed "false complaints" with the police against the defendant.
First, this is a complaint that was filed long after the date on which it was claimed that the defendant sought to cancel the transaction (see at p. 15, paras. 14-30).
Second, this argument was not properly detailed in the statement of defense or in the affidavit. In her interrogation on this matter, the plaintiff replied that she had filed a complaint against the defendant since he had beaten her. This claim was not contradicted in any way (and in fact the defendant was asked by the defendant's counsel: "Why did he hit you?" at p. 15, paras. 21-24).
It has already been ruled that the court must also examine whether the disgraceful conduct was not caused by the conduct of the giver himself, since in such a case - the giver of the gift is not entitled to renege on his promise (Mordechai Ravilo, The Gift Law, 5728-1968 - Commentary on the Contract Laws founded by G. Tedeschi (1997), at p. 386; see also in this regard Family Case (Petah Tikva) 56424-03-18 Anonymous v. Anonymous (June 23, 2024), Claims after the settlement of litigation 65400-05-20 Aloni v. Anonymous (February 24, 2024) Family Case 65308-06-21 M.B. v. H.B. (June 12, 2023), Family Case (Rishon LeZion) 27760-05 Y.S. v. Y.Y. (18.5.09)).