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- P'ninat Mishpat
Ruling: We will deal with different issues each week of presentation.
The claim that pl’s mother owns the apartment – that is not something we can incorporate into this decision. Pl’s mother did not join these proceedings as a litigant, and therefore her claims (or her son’s claims in her name) are not able to be considered. Additionally, we have not been shown any documentation that indicates the claim is true, and pl himself has acted as if he owns the property. Finally, that matter was already presented to the courts. If the courts did not place a restraining order on the sale of the apartment, which a different court already approved, we do not have grounds to disqualify the purchase. Of course, if the courts ever accept the claim that pl’s mother is the true owner, the basis for the sale by Hotza’ah Lapo’al will presumably be undone.
The claim that def agreed to undo the sale – If one orally agrees to a sale without an act of kinyan and then backs out, there is a grievance against him known as mechusarei amana (lacking credibility) (Choshen Mishpat 204:7). However, that is a moral claim, not one that beit din enforces (Shut Ra’anach 118). Furthermore, def claims with confidence that he only said that he would consider if it could be done. If that is the case, and pl did not bring any evidence that it is not, then there is not even an oral agreement on this matter, and these are not grounds for even a moral obligation.
Pl claimed that by def giving the impression he would agree to undo the sale, he prevented pl from bringing his new offer to the koness nechasim (appointee of the court for bankruptcy cases). There is no evidence and little logic that the koness nechasim would have acted differently after the courts finalized the sale to def, according to his recommendation. Additionally, there is no evidence that def deceived pl. Even if these things would have occurred, such damage would be no more than gerama (indirect causation) and not grounds for action by beit din in this case.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
667 - Judging Someone who Refuses to Appear before Court
668 - Did the Owner Exhaust his Opportunities? – part I
669 - Did the Owner Exhaust his Opportunities? – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
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