Caselaw

Civil Case (Be’er Sheva) 23052-01-25 Ella Padwa v. Daniel Moshe Kirschenbaum - part 15

October 13, 2026
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A contract is concluded by way of offer and acceptance, since these express a meeting of desires between the parties.  The basic conditions for concluding a contract are finality and specificity.

The requirement for a final opinion requires proof that the parties intended to create a binding contractual relationship.  The existence of a final opinion is examined according to its external and overt expression, and not according to a state of mind that is hidden from view.  Therefore, the conduct of the parties must be examined according to an objective criterion, against the background of what was said or exchanged between the parties, and the circumstances in which the various positions were presented.

Admittedly, a party's signature on a written contract constitutes strong evidence of his conclusion.  Therefore, "the absence of a written contract will usually be a far-reaching and perhaps almost conclusive proof of the claim that the parties have not reached a final agreement, and therefore the wording of the contract is invalid, if one of the parties to the contract raises such a claim, but there may be exceptions, albeit rare, in which the court will be persuaded, on the basis of the evidence before it, that there was indeed a final agreement between the parties, although their signature or the signature of one of them is missing on the written agreement" (Civil Appeal 571/79 Maxim Apartments Ltd.  v. Dina Jerbi, IsrSC 37(1) 589,604).  In other words, the signing of a contract for the sale of real estate is not necessarily an independent formal condition for the validity of the contract, but it constitutes a central evidentiary indication of the existence of a conclusion.  Therefore, the absence of a signature does not automatically lead to the conclusion that a contract was not made, but it does obligate the person claiming the existence of a contract to present significant external evidence.

Say from now on.  Having made up your mind to enter into a contract means showing a serious intention to enter into a contract and understanding the legal consequences that result from it.

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