Chapter One: Principles of Prescription
| 1. In this Law –
“Court” – any judicial authority and any arbitrator, but does not include a religious court ; “Action” – any civil proceeding before a court; “Land” – land of any category and any right or interest in land, and any thing permanently fixed to land and any right or interest requiring registration in the land registery.
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Defintions | |
| 2. A claim for the enforcement of any right is subject to prescription, and if an action is brought in respect of a claim which has been prescribed, and the defendant pleads for prescription, the court will not hear the action; but prescription per se does not void the right itself.
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Plea of Prescription | |
| 3. A plea of prescription will not be heard unless the defendant makes it at the earliest opportunity after the action has been brought.
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Time for Plea of Prescription | |
| 4. In an action concerning a claim which has not been prescribed, or which has been prescribed but against which a plea of prescription has not been made, a plea of prescription against a set-off in that action, or against a counterclaim relating to the same subject-matter and arising from the same circumstances as the claim, will not be heard.
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Counterclaim and Set-off |
Chapter Two: Period of Prescription
| 5. The period within which a claim in respect of which an action has not been brought will be prescribed (hereinafter: “the period of prescription“) will be –
(1) In a case of a claim not relating to land -seven years; (2) In a case of a claim relating to land – fifteen years or, if the land has been registered in the Land Registery after settlement of title in accordance with the Land {Settlement of Title) Ordinance – twenty-five years.
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Period of Prescription | |
| 6. The period of prescription begins on the day on which the cause of action occurred.
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Commencement of Prescription | |
| 7. Where the cause of action is fraud or cheating by the defendant, the period of prescription begins on the day on which the plaintiff learnt of the fraud or cheating.
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Fraud and Cheating | |
| 8. Where the facts constituting a cause of action were unknown to the plaintiff for reasons beyond his control and which he could not have eliminated these reasons even by exercising reasonable care, the period of prescription begins on the day on which such facts have become known to him.
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Prescription Where Facts Are Unknown | |
| 9. Where the defendant, either during or after the period of prescription, has admitted, in writing or before Court, the existence of the plaintiff’s right, the period of prescription will begin on the day of the admission; an act which constitutes a partial implementation of the right is, for the purpose of this section, deemed as admission.
In this section, “admission” does not include an admission accompanied by a plea of prescription.
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Admission of Existence of Right |
Chapter Three: Calculation of the Period of Prescription
| 10. In calculating the period of prescription, any time during which the plaintiff had not yet completed his eighteenth year is not be taken into account.
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Minority | |
| 11. In calculating the period of prescription, any time during which the plaintiff was unable to take care of his affairs due to mental disorder or deficiency of mental faculties, whether temporary or permanent, and not under guardianship is not taken into account; where he was under guardianship, any time during which the facts constituting the cause of action were not yet known to the guardian is not be taken into account.
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Mental Disorder or Deficiency of Mental Faculties (Amended 2004) | |
| 12. In calculating the period of prescription, any time during which the plaintiff was the guardian or ward of the defendant is not be taken into account.
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Guardian – Ward Relationship | |
| 13. In calculating the period of prescription, any time during which the parties were married to each other is not be taken into account; where the marriage has been legally declared null ab initto, or legally dissolved, the parties are, for the purpose of this section, deemed to have been married to each other until the day of the declaration or dissolution.
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Marriage | |
| 14. In calculating the period of prescription, any time during which one of the parties was in the territory of a foreign state, and the conditions under which he was placed there or the relations which existed between that state and the State of Israel prevented him or the other party from conducting the litigation, is not be taken into account.
In this section – “territory of a state” – including any protectorate of, or area actually held by, the state in question ; “party” -in relation to any property vested in the hands of the Custodian of Absentees’ Property, the Custodian of German Property or the Administrator of Enemy Property- means the person who was the owner of that property immediately before the vesting. In relation to any property vested in the hands of the Administrator General — means the owner of the property.
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Absence from Israel (Amended 1978) | |
| 15. Where an action has been brought before any court, including a religious court, and been so dismissed that the plaintiff is not debarred from bringing a fresh action for the same cause, the time between the bringing and the dismissal of the action is not be taken into account in calculating the prescription.
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Dismissed Action | |
| 16. A period of prescription which had been interrupted as provided in Sections 10 and 12 through 15 is not terminated before the expiration. of at least one year from the day on which the interruption ended; a period of prescription which had been interrupted under section 11 is not terminated before the expiration of at least two years from the day on which the interruption ended.
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Period of Prescription After Interruption | |
| 17. Where, within the last year of the period of prescription, the plaintiff was prevented from bringing the action as a result of closure of the Court competent to deal therewith, the period of prescription is not terminate before the expiration of one year from the day on which the court reopened.
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Closure of Court | |
| 18. In calculating the period of prescription, it is immaterial whether the right is claimed by the person originally entitled or by his successor or whether it is claimed against the person originally liable or against his successor, provided that where the right has devolved by way of inheritance, the period of prescription is not terminate before the expiration of at least one year from the day of the devolution.
18A. (a) In calculating the period of prescription of a claim in a suit submitted by the injured party for an act as detailed hereunder against the tortfeasor, the time period prior to the injured turning 28 years old will not be taken into account: (1) Sexual assault committed to the injured party when he was a minor; (2) Abuse committed to the injured party when he was a minor by the assailant who was a family member or a person who was responsible for him; (3) Sexual assault committed to the injured party when he was an adult but before he was 21 years old, through the exploitation of the relation of trust, dependence, or treatment or subordinance by a tortfeasor who is a family member. (b) In this section – “family member” – (1) Parent, partner of parent even if not married to him, grandfather or grandmother, (2) Whoever is 15 years old and is one of the following: brother or sister, step-brother or step sister, uncle or aunt, brother in law or sister in law; (3) Foster parent, spouse of foster parent even if not married to him, father or mother of a foster parent; (4) Whoever is 15 years old and is one of the following: son or daughter of foster parent and spouse of any of the above, brother or sister of foster parent and spouse of any of the above,
“foster parent” – father or mother in the foster family authorized by the Office of Welfare and Public Services:
“responsible for a minor” – (1) The person who bears responsibility for his livelihood, his health, his education or the well-being of a minor, according to the Law, a judicial decision, a specific or implied contract or who bears the aforesaid responsibility for the welfare of the minor as a result of a legal or prohibited act committed by him. (2) The person with whom minor resides with or is with him on a permanent basis, and has turned 18 years of age, provided that there is a relationship of dependence or authority between them.
(c) The instructions of this Section do not apply if an indictment was issued against the tortfeasor for an offense committed by the tortfeasor as stated in Section 18B, and the claim results from a criminal offense as stated.
18B. The prescription period for the claim submitted by the injured party, according to facts constituting an offense as detailed hereunder that was committed against him, against the tortfeasor against whom the indictment was submitted for an offense as stated, will not prescribe prior to one year from the date on which the ruling in the criminal proceeding became final.
(1) An abuse offense according to Section 368C of the Penal Code, 1977 (in this section – penal code), that was committed against a minor by a person responsible for him, in this section “responsible for a minor” – as defined in section 18A(b).
(2) An offense according to Sections 345, 346(a), 347(a) or (b), 348(a), (b), (c1) or (d), and 351 to the Penal Code, or according to section 75 of the Military Code, 1955 that was committed against a minor or a person under the age of 21 years, accordingly.
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Devolution of Right Does not Effect Prescription
A Claim due to Sexual Assault or Abuse (Amended 2007)
Claim against a person against whom an indictment was filed in a charge of abuse of a minor or a sexual offense (Amended 2007) |
Chapter Four: Miscellaneous Provisions
| 19. The parties may, by separate written contract, agree upon a longer period prescription than that fixed by this Law and, in a case of a claim not relating to land, also upon a shorter period, so long as it is not shorter than six months.
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Agreed Prescription Period | |
| 20. Where a debt is secured by a lien, a mortgage, a pledge or any right to other similar charge, the debtor’s right to recover it out of the charge is not affected by prescription.
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Right to Recover out of Lien | |
| 21. Where twenty-five years have elapsed since the judgment in any action was given without the person in whose favour it ,was given having taken any steps to enforce it, the person against whom it was given may plead prescription; but a judgment, in any action, which by reason of its contents does not require enforcement is not subject to prescription.
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Prescription of Judgment | |
| 22. In articles 20 and 78 of the Ottoman Land Law, the period fixed therein is replaced by a period of fifteen years, and for lands registered at the Land Registry according to the Land (Settlement pf Title) Ordinance – a period of twenty five years; however, in the case of a person who came into possession of any land after the 24th Adar Alef, 5713 (lst March, 1943), the five years beginning on the day of the coming into force of this Law is not taken into account in calculating that period. The reference in article 20 of the said Law to the legal causes for the interruption of the period of prescription is superseded by the provisions of this Law regarding the calculation of the period of prescription.
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Amendment of Ottoman Land Law (Changed 1965) | |
| 23. In the Land (Settlement of Title) Ordinance –
(1) Sections 52 and 53 are be repealed; (2) The reference in Section 55 to article 1663 of the Mejelle is be replaced by a reference to this Law.
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Amendments of Land (Settlement pf Title) Ordinance | |
| 24. In the Civil Wrongs Ordinance, 1944 –
(1) sections 68, 68B, 68C, 68D and 71A are repealed; (2) The words “for the purpose of the period of limitation” in the opening passage of section 68A are replaced by the words: “for the purpose of the period of limitation in an action for a civil wrong” and anywhere else in the section the word “Claim” is replaced with the word “action”.
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Amendments of Civil Wrongs Ordinance | |
| 25. In section 90 (a) of the Bills of Exchange Ordinance, the words “five years” are be replaced by the words “seven years”, and the words “one year” is replaced by the words “two years”.
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Amendment of Bills of Exchange Ordinance | |
| 26. These are hereby repealed –
(1) Articles 1660, 1662 through 1072 and 1074 of the Mejelle; (2) Articles 270 to 282 of the Ottoman Maritime Commerce Code of the 20th August, 1863; (3) Articles 65 and 68 of the Ottoman Commercial Code of 1850; (4) Articles 143 to 147 of the Ottoman Provisional Law of Execution of 11th May 1914; (5) Section 10 of the Copyright Act, 1911; (6) the Limitation (Enemies and War Prisoners) Ordinance, 1944; (7) Section 12(4) of the Government Railways Ordinance, 1936; (8) Section 11 of the Postal Bank Law 1951.
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Repeal | |
| 27. This Law does not, unless otherwise expressly provided therein, affect any period of prescription fixed for a particular matter in any other law; and this Law does not affect any power, under any Law, to dismiss an action or to refuse to grant relief by reason of delay.
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Saving of Laws | |
| 28. The provisions of this Law applies also to the State.
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Provisions as to State | |
| 29. (a) Where a claim, other than a claim relating to land, has been prescribed before the coming into force of this Law, the provisions of this Law fixing periods of prescription do not apply to it; but where an action concerning a claim as aforesaid was pending immediately before the coming into force of this Law, the court may apply to it all the provisions of this Law even though it may not be an action relating to land.
(b) Where a claim relates to land, all the provisions of this Law applies to it even though it may have been prescribed, or even though the period fixed in articles 20 and 78 of the Ottoman Land Code may have expired, before the coming into force of this Law. (c) Where a claim has not been prescribed before the coming into force of this Law, all the provisions of this Law applies to it. (d) In all the cases referred to in this section, the period of prescription will not be shorter than it was before the coming into force of this Law.
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Transitional Provisions | |
| 30. The Minister of Justice is charged with the implementation of this Law and may make regulations as to any matter relating to such implementation, including regulations giving effect to provisions as to the calculation and length of periods of prescription contained in an agreement between Israel and a foreign state or in an international convention to which Israel is a party, even though the provisions of such agreement or convention may be repugnant to the provisions of this Law.
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Implementation and Regulations |
David Ben Gurion Pinchas Rosen Yitzhak Ben Zvi
Prime Minister Minister of Justice President of the State
August 20, 2016
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