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Published in the Reshumot on 28 July 2004
The Main Changes
The length of the Limitation Period:
The Limitation Period will be shortened to 4 years (currently 7 years)
Note: In respect of matters which concern and/or relate to plots of land, the Draft Law does not alter the provisions of the previous law.
The Limitation Period in respect of a minor will be 7 years, but not more than 4 years after becoming an adult.
A claim shall not be time-barred until the minor is 10 years old.
"Top Limit Period" (TLP) is fixed, for definite expiry of the Limitation Period, even if the Limitation Period was extended for any reason.
The TLP is generally 25 years from the day of the event, except in cases of medical care, where it is 18 years for an adult and 22 years for a minor.
Extension of the Limitation Period
* Admission on behalf of a defendant of plaintiff�s rights, or partial implementation of the right by a defendant, are causes for suspension of the Limitation Period if intended to mislead plaintiff.
* Assignment of a right, by law or by agreement does not constitute a reason to extend the Limitation Period.
* The Court has a general authority to extend the Limitation Period, provided that the request for extension is submitted within the Limitation Period.
Changing the length of the Limitation Period by agreement is possible, subject to two conditions: written agreement, and a minimum Limitation Period of one year.
Limitation Period in respect of claims filed by the National Insurance Institute
A new section was added to the National Insurance Law: in cases of subrogation claims filed by the National Insurance Institute, the Limitation Period is extended to two years after confirming that the person has a right and is entitled to any benefit. However, if three years have elapsed since the claimant�s claim prescribed, the claim of the Institution shall be prescribed too.
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