A Honduran citizen filed a lawsuit to cancel the sale of a real estate property he owns, his only asset in Israel, on which an additional cautionary note was recorded in favor of a third party. The Court granted the motion of the defendants htat the plaintiff deposit a guarantee to secure their costs. Under Israeli law, a Court may order a plaintiff to provide a guarantee for the defendant's costs. Still, it will only do so in exceptional circumstances, such as when the plaintiff is a foreign resident with no assets in Israel from which costs could be easily collected if the claim is dismissed. The purpose of the guarantee is to prevent a situation in which a winning defendant cannot recover their costs. Here, the plaintiff is a foreign resident and the property in question is his only asset in the country. Moreover, the recording of an additional cautionary note on the property in favor of a third party creates a substantial encumbrance on the future ability to collect from the asset. Accordingly, the plaintiff was ordered to deposit ILS 150,000 to secure the defendants' costs.
Published in Afik News 450 15.10.2025
Related articles
When a couple divorces and only one of them causes a breach of agreement they are still jointly liable for the third party
Real estate in Israel and around the world
Domestic Relations
Dispute Resolution
After the purchasers had paid a significant portion of the agreed consideration under a sales contract for a second-hand apartment, the sellers became embroiled in divorce proceedings. As a result of the dispute, the wife refused to hand over possession of the property on the agreed date. Despite the husband’s attempts to evict the wife […]
One can approve at Court a prenuptial to apply also after marriage.
Notarial Prenups
Notarial Services
Domestic Relations
Common-law spouses drafted an agreement to regulate their property relations, which explicitly stated that it would continue to apply even if they marry. The Supreme Court held that the prenuptial agreement will remain in effect even if the couple marry. A prenuptial agreement executed in preparation for marriage may be made before a notary public […]
An official sports association is subject to public law obligations
Sports Law
Public Law, Elections Law and Tenders
Dispute Resolution
The repeated and recurring requests of Jiu-Jitsu coaches to join as members of the official Brazilian Jiu-Jitsu Association were not deliberated by it at all throughout the years that have passed since they were first submitted. The Court accepted the coaches’ motion to be registered as members of the association due to the breach of […]
A car import license may be denied renewal also based only on industry-wide competition considerations, and not due to any act or omission by the importer
Competition
International Transactions and Disputes and Israeli “Soft Landing”
Dispute Resolution
The Ministry of Transport refused to renew the direct import licenses of a motorcycle importer for both Yamaha and Kawasaki brands, ruling that the license could only be renewed for one of them. The Supreme Court dismissed the importer’s appeal on competition grounds. The Israeli Law for the Licensing of Services and Professions in the […]