Civil Law
Professional representation in claims, contracts, and disputes. The office accompanies plaintiffs and defendants through all stages of civil proceedings — from sending a demand letter through the completion of appeal proceedings.
When a legal dispute threatens your financial rights, your property, or your reputation, the representation you receive determines the outcome. Moldavski Law accompanies plaintiffs and defendants through all stages of civil proceedings — from sending a demand letter through the completion of appeal proceedings — while protecting our clients' interests and building a representation strategy tailored to the circumstances of the case.
What is Civil Law?
Civil law regulates property and contractual relationships between private individuals, companies, and business entities. Unlike criminal law, where the state files charges, civil proceedings begin at the initiative of the injured party, who asks the court for a defined remedy — whether monetary compensation, enforcement of a contractual obligation, or an injunction. The normative basis for these proceedings includes the Contracts Law (General Part), 1973, the Torts Ordinance, the Unjust Enrichment Law, and the Sale Law, alongside extensive Israeli court jurisprudence.
Contractual Claims and Breach of Contract
A contract is the foundation of every transaction, and when the other party breaches it — whether through evasion of payment, failure to deliver property, breach of a business commitment, or unlawful cancellation of a deal — a cause of action arises. Our office examines the nature of the breach, assesses actual and anticipated damages, and conducts proceedings before the court and in alternative frameworks such as mediation and arbitration. Deep knowledge of Israeli contract law — including the principle of good faith, cancellation provisions, and compensation mechanisms — enables us to build effective arguments both in offense and defense.
Torts and Compensation Claims
Tort claims cover a wide range of situations where a person or business entity caused harm to another unlawfully. The Torts Ordinance establishes key torts — negligence, assault, trespass, nuisance, inducing breach of contract — each requiring proof of specific elements. Our office manages complex tort claims, including claims for misrepresentation and false representations, damage to business reputation, property damage, and restitution claims. We examine the chain of causation, work with relevant experts to prove damages, and prepare the case to the level required for evidentiary proceedings in court.
Representation in Neighbor, Real Estate, and Property Disputes
Real estate disputes — including disputes between tenants and landlords, boundary disputes, claims for enforcement of usage rights and lifetime residency rights — require deep understanding of both property law and specific case law. Our office conducts proceedings in relevant courts and also offers representation in mediation and arbitration for resolving disputes outside the courtroom, when this serves our clients' interests.
Frequently Asked Questions
What is a default judgment and how can it be avoided?
When a defendant fails to file a statement of defense within the period prescribed by the Civil Procedure Regulations, the plaintiff may request a default judgment. The correct way to deal with receiving a statement of claim is to seek immediate legal advice, as filing deadlines in civil cases are set by regulations and cannot be automatically extended.
What can be claimed for breach of contract?
Generally, one can claim compensation for damage caused by the breach, enforcement of the contract's performance, as well as cancellation of the contract and restitution of what was given to the breaching party. The scope of the remedy depends on the circumstances of the breach, the nature of the contract, and the evidence that can be presented.
Is it worth trying mediation before filing a lawsuit?
In many civil cases, mediation allows significant savings in costs and time. However, there are cases where filing an immediate lawsuit — sometimes accompanied by a request for a temporary injunction — is the only correct step. The choice between paths depends on the specific circumstances of each case.
What is the difference between the Magistrate's Court and the District Court in civil cases?
Subject matter jurisdiction in civil cases is divided by the amount claimed. The Magistrate's Court handles claims up to 2.5 million NIS, while the District Court handles claims above this amount and certain cases assigned to it regardless of the amount, such as claims involving real estate rights. Filing a claim in the wrong court may result in its dismissal, so it is important to consult an attorney before filing.
Can you sue for damages that have not yet fully materialized?
Yes, under certain conditions. Israeli law allows claiming compensation for anticipated future damages, such as future loss of income or expenses that will be required in the future, provided the damage is proven at a reasonable level of probability. Determining the amount of compensation for future damage usually requires submitting an expert opinion and is one of the more complex aspects of managing civil cases.
What happens if the defendant does not comply with the judgment and does not pay?
A court judgment is a binding document, but its enforcement requires opening a file with the Execution Office. Within this framework, various enforcement measures can be taken — seizure of movable and immovable property, bank account attachment, employer garnishment, restriction of driving license and passport, and bankruptcy proceedings against a debtor who does not pay. Our office accompanies clients even after obtaining a judgment until the actual collection of the debt.
What is a temporary injunction and how is it obtained?
A temporary injunction is an urgent remedy ordering the opposing party to refrain from a certain action until a decision in the main case. It can be requested when there is a genuine concern that irreversible damage will be caused during the proceedings — such as sale of a disputed property, concealment of funds, or irreparable harm to reputation. The court examines three main conditions: a reasonable chance of success in the main case, a favorable balance of convenience for the applicant, and sometimes the provision of a guarantee to cover the opposing party's damages if the order proves unnecessary.
Can a civil lawsuit be conducted simultaneously with criminal proceedings on the same matter?
Yes. Civil and criminal proceedings are independent of each other and are conducted in different courts. A criminal conviction can serve as evidence in civil proceedings, and sometimes it is advisable to coordinate the timing of civil proceedings in light of parallel criminal proceedings. In some cases it is worth waiting with the civil claim until the end of criminal proceedings, and in others parallel filing serves the plaintiff's interests — the choice depends on the specific circumstances of each case.
What can be done when the opposing party refuses to reach a settlement?
There is no legal obligation to reach a settlement, and neither party is required to accept an offer that seems unreasonable. However, Israeli courts encourage settlement and sometimes refer parties to mediation. Unreasonable refusal of a fair settlement offer may affect the costs ruling at the end of proceedings. When the opposing party refuses all dialogue, effective management of the judicial proceeding itself — including focused interlocutory motions and well-managed negotiations — is the best tool for creating pressure toward resolution.
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