When performance of the contract in practice can be requested, what the exceptions are, and the role of temporary relief.
Specific performance: the primary remedy
Unlike other legal systems, Israeli law places specific performance as the primary remedy: a party injured by a breach of contract is, as a rule, entitled to demand that the court require the breaching party to perform the contract in practice, rather than being limited to monetary compensation. This is especially critical in unique transactions: real estate, shares in a specific company, assets that have no substitute in the market.
When will the court refuse to enforce?
Section 3 of the Remedies Law lists four exceptions: the contract is incapable of performance; enforcement would amount to compulsion to perform or accept personal work; execution of the enforcement order requires an unreasonable degree of supervision by the court; and enforcement would be unjust under the circumstances of the matter. The legal struggle is conducted around these exceptions, and preparation of the case, evidence regarding the ability to perform, the balance of justice, and the conduct of the parties, determines the outcome.
Real-time enforcement: temporary relief
An enforcement claim without temporary relief may be a victory on paper: by the time judgment is given, the asset has been sold to a third party and the situation has become irreversible. Therefore, urgent applications are filed alongside the claim: a temporary injunction prohibiting a conflicting transaction, a cautionary note on real estate, a temporary attachment, and a temporary mandatory order. The applications are heard quickly, sometimes ex parte, and require precise affidavits and undertakings.
Representation in enforcement claims
Israel Arama handles enforcement claims and urgent relief in real estate transactions and commercial contracts. When the asset is about to be sold to another, every day matters: contact us immediately.
Specific performance: the primary remedy — what is important to know?
Unlike other legal systems, Israeli law places specific performance as the primary remedy: a party injured by a breach of contract is, as a rule, entitled to demand that the court require the breaching party to perform the contract in practice, rather than being limited to monetary compensation. This is especially critical in unique transactions: real estate, shares in a specific company, assets that have no substitute in the market.
When will the court refuse to enforce?
Section 3 of the Remedies Law lists four exceptions: the contract is incapable of performance; enforcement would amount to compulsion to perform or accept personal work; execution of the enforcement order requires an unreasonable degree of supervision by the court; and enforcement would be unjust under the circumstances of the matter. The legal struggle is conducted around these exceptions, and preparation of the case, evidence regarding the ability to perform, the balance of justice, and the conduct of the parties, determines the outcome.
Real-time enforcement: temporary relief — what is important to know?
An enforcement claim without temporary relief may be a victory on paper: by the time judgment is given, the asset has been sold to a third party and the situation has become irreversible. Therefore, urgent applications are filed alongside the claim: a temporary injunction prohibiting a conflicting transaction, a cautionary note on real estate, a temporary attachment, and a temporary mandatory order. The applications are heard quickly, sometimes ex parte, and require precise affidavits and undertakings.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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