Adv. S. also testified that he explained to the parties explicitly about the transaction and what it entails (pp. 18, 32-39 and 19, paras. 1-3).
- In the circumstances, I was persuaded that the parties intended to sign and even actually signed a transaction for the provision of a gift in the real estate.
Has the cause of action become statute of limitations?
- In Section 5 of the Statute of Limitations, it was determined that :
"The period in which a claim for which no claim has been filed (hereinafter - the limitation period) is statute of limitations is -
(1) In non-real estate - seven years;
(2) In real estate - fifteen years; and if they were recorded in the estate books after the arrangement of a property right under the Lands Ordinance (Arrangement of Property Right) - twenty-five years."
- In Supreme Court rulings, it has been held more than once that a claim to enforce a contractual obligation to grant a right in regulated land is a "real estate action" with respect to section 5(2) of the Statute of Limitations (Additional Civil Hearing 2415/01 Felicia Reuven v. Sofiov, (Nevo, May 30).2001), Civil Appeal 1559/99 Tsimbler v. Turgeman, IsrSC 57(5) 49, Civil Appeal 520/96 Hussein v. Mir, IsrSC 54(3) 487. See also Miscellaneous Applications Civil (Nazareth District) 780/08 Mansur v. Tabri (Nevo 1.5.2008), Opening Motion (Tel Aviv-Jaffa District) 494/04 Zagron v. Zichron (Nevo 11.1.2006)).
- In our case, the defendant's rights in the land are registered in his name in the land registers, and therefore the claim of limitation raised by the defendant is irrelevant in this case, since at the time of filing the claim (10/24), 25 years had not yet passed from the date of the gift transaction in 2012.
- Moreover, even if the defendant's argument had been accepted and the statute of limitations had been seven years, there is substance to the argument that the cause of action was created only on the date on which the plaintiff became aware that the duty of fiduciary duty towards her had been breached (see section 6 of the Statute of Limitations, as well as Civil Appeal Authority 4705-22 Eliyahu v. Israel-Pour (September 29, 2022), Civil Appeal 1559/99 Tsimbler v. Turgeman, IsrSC 57 (5) 49, Civil Appeal 6906/00 Anabtawi v. Dar, IsrSC 56(5), 280, (5) 280)59, 28, Family Appeal (Haifa District) 34848-06-25 Labor Appeal v. BHA (Nevo, December 30, 2025), Opening Motion (Tel Aviv-Jaffa District) 494/04 Zagron v. Zichron (Nevo, January 11, 2006)). I will explain my reasons.
- Indeed, it was ruled that there is no need to provide a FormA document in which the giver of the gift notifies the recipient of the gift of his reneging on his obligation to give a gift, and it is sufficient to give an oral notice or to file a cancellation claim (Family Appeal (Haifa District) 55156-10-19 Anonymous v. Anonymous (Nevo 22.1.2020)).
However, in our case, it was not proven in any way that the plaintiff received a notice of cancellation in respect of the transaction orally or in writing not close to this proceeding.