Legal Updates

It is possible to recognize the validity in Israel of a foreign judgment based on “law and justice” considerations

May 1, 2023
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A Court in France decided that the late divorce agreement signed and approved in France annuls the divorce agreement that preceded it and which was validated by a judgment in Israel.

The husband's claim to recognize in Israel the foreign judgment was accepted and it was recognized for reasons of justice. A foreign judgment has no binding legal force in Israel unless it undergoes an additional legal procedure that grants it an "entry permit" into Israeli law. Such an "entry permit" is granted through the Israeli Court's declaration of it as enforceable. Such a declaration can be given for reasons of justice. Here, the parties signed a late divorce agreement abroad, which expressly canceled the divorce agreement that preceded it. Initially the wife filed a claim for her right to receive additional compensation due to the late agreement. After her motion was rejected, the wife turned again to the French Court with a request to enforce the first agreement. It was only after that this request was also rejected and it was determined that the first agreement was annulled, that she chose to ignore this verdict and open legal proceedings in Israel on the basis of the first agreement and without revealing the existence of the foreign judgment. Hence, the foreign judgment must be recognized due to reasons of justice and due to this recognition, it must be determined that she is precluded from trying to enforce the first agreement.