Open letter to Israeli judges in the Corona era

Published 25 March 2020 by Harpaz, Oren, Adler & Co.

Dealing with the epidemic in the normal rules will lead to a major economic collapse. Forget what you knew - it wasn't.

A tsunami of legal proceedings that are excited about the legal system is already underway. Tenant who did not pay towards the landlord. Borrower who did not pay in front of the bank. Manufacturer that did not supply to customer. Employer who issued a letter to the employee in front of the employee, and more and more.

On the issue of "force majeure" you first encountered a university, a sleepy lesson (from which all that remains in memory is that in Israel "war is an expected thing"), and perhaps a few more times in the courtroom, for the most part as a surplus - which even the party claims, not really Think the argument will be accepted. A few of you, perhaps, have really dealt with this issue of war events (or "operation" or "combat round" - each to their liking), but for the most part this is a local or point issue.

But it wasn't. Throughout the country's years.

Gentlemen - this is your beautiful hour. This is a once in a lifetime opportunity to do what is right and good in your eyes. You have the power to "boot" into Israeli society, and determine for future generations what values ​​they will grow and step up. Allow me to offer the value of mutual guarantee.

Your courts will soon have a lot of people right (at least their contracts will testify). Free from legal precedents, which you can easily diagnose - because they have not yet - looked at the situation at a glance: What sinful borrower who stopped paying a mortgage because he closed the workplace? What sinful tenant who stopped paying rent because he was fired because of the plague? What is the sin of the manufacturer who did not deliver goods because the product did not arrive in flight? What sinful employer did they close the restaurant for and have to take its employees to the USSR?

Is there any reason to prefer one to one? Or vice versa?

Given the size of the event - there are no more just and less just. Don't look for who's right. Look for what is right to do.

No one is to blame for the epidemic that excited us. And it hurt us all. Hard. There is no reason to do the full damage of it to one side or the other. Damage should be shared between the parties. All parties. All of us.

This means mutual guarantee.

By Adv. Eyal Oren, Senior Partner and Director of the Commercial Department,  Harpaz, Oren, Adler & Co., Lawyers