We all know the line, “I have the right.” Yes, we all have the right to do this or that, but sometimes our rights are just intangible dreams. Let’s be wise and learn to compromise.
In this and the next article I will provide a few examples from actual cases in different areas of Israeli life and our legal system. This time we will deal with CONTRACTS in general.
The most common sentences I’ve heard from new immigrants in the last five years are the following:
“Please understand. I didn’t understand the contract; I don’t know or didn’t know Hebrew…”
“I was forced to sign…”
“I had no choice, they made me sign…”
“I had no choice; I had to sign in order to…”
“They told me something else that is not in the contract…”
“This is a very bad contract for me and these terms are totally unacceptable in any other country…”
“Now (after signing) I regret signing and I want to cancel the contract…”
I will summarize my answers, based not only on local law but also on international law and my experience in dealing with more than 200 similar cases over the past five years.
As a rule, ignorantia juris non excusat or ignorantia legis neminem excusat (Latin for “ignorance of the law does not excuse” or “ignorance of the law excuses no one”) is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he was unaware of its content.
Another term used in Europe is nemo censetur ignorare legem (nobody is thought to be ignorant of the law) or ignorantia iuris nocet (not knowing the law is harmful), meaning the same as ignorantia juris non excusat.
There are very few exceptions, but this essay deals with the general ruling. Being a new immigrant or not knowing Hebrew is not an exception!
My answers to the above sentences
“Please understand. I didn’t understand the contract; I don’t know or didn’t know Hebrew…”
As written above, if you don’t understand – don’t sign – and ask a friend to translate. Remember, we are in Israel where the laws are in Hebrew, as are the tribunals and the contracts. (Hebrew is the only language that can be enforced in court.) The service provider, landlord, seller or any other opposite party to you in a contract has no obligation whatsoever to provide you with a translation.
“I was forced to sign…”
I Have the Right, But Should I Exercise It? (Part III) ?
As an adult, you should know that Israel is a democracy. If you feel forced or coerced to sign a contract against your will you should refuse and, depending on the context, even contact the police department.
“I had no choice, they made me sign…”
You had at least one other choice – not to sign and ask for help.
“I had no choice; I had to sign in order to…”
Again, you have no obligation to sign a contract against your will. You know, or should know, that there are consequences when signing a contract. Both parties to any contract are obliged to abide by its terms. A contract is not a “recommendation” but an obligation and it can be voided only under very specific conditions stipulated by Israeli contractual law.
“They told me something else that is not in the contract…”
In order to contest a written contract you need another written contract, or written proof. Hearsay – or the word of one against the other – will not hold up in a court of law.
“This is a very bad contract for me and these terms are totally unacceptable in any other country…”
Perhaps the terms are bad, but you agreed to them by signing the contract. Any clause, term or request made in a contract in contrast to local law is considered null and void. In certain circumstances an entire contract can be considered void because of an illegal request. I know for a fact that all major companies in Israel use only legal contracts, as do most landlords.
“Now (after signing) I regret signing and I want to cancel the contract…”
This is sometimes possible by law, but the legal requirements are difficult to meet and, as a result, it is extremely complicated to “cancel” an existing legal contract.
In conclusion
Take your time before signing any contract. Think, ask questions and ask for help. Remember the old proverb: Fools rush in where angels fear to tread.
