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Civil Wrongs
Below are readers' questions about 'Civil Wrongs', which we have chosen to answer. Further , and more detailed information on 'Civil Wrongs', is found on our main website, Family Law in Israel , at http://www.family-laws.co.il/other-topics-civil-wrongs.
- Can a relative of a person killed by fire from the army or police during a demonstration get compensation from the state?
- My husband still refuses to give me a 'get' although the rabbinical court has given a judgment obliging him to do so because of
- Can compensation be obtained for emotional and physical suffering a child suffered because of sexual abuse by her step-father, e
- Can I sue my fiancee for breaking his promise to marry me shortly before the wedding ? The cancellation of the wedding has cause
- Can a man file a woman for compensation for 'stealing' his sperm, if she gets pregnant, having assured him she was on the pill?
This depends on the particular circumstances. It is likely that compensation can be obtained as the State of Israel bears responsibility for civil damage unless one of the exceptions applies .The 1952 Responsibility of the State For Civil Damage Act exempts the state of Israel for compensating individuals (or their families) for civil damage caused by its security forces when there is war, security is threatened, or their lives are in danger.
Yes, for the emotional suffering you have endured, relating to the period of his refusal, after the judgment obliging him to divorce.
Yes! He can be filed and served with a civil damages plea based on the criminal conviction, and the case can be manged, even though he is in jail.Clearly, documentary evidence as to the damage the plaintiff/victim endured are needed.
Yes, though to get compensation on the basis of a successful plea for the civil wrong of breach of marriage is difficult, to prove and to quantify in terms of pain and suffering. A lot depends on whether the bridegroom was justified in cancelling the wedding, given the wife's behaviour.
It is easier to concentrate on the contractual elements - and to sue for recovery of expenses paid out for hiring the hall, buying the wedding dress, printing and sending out invitations etc.
He can certainly open a file against the woman - but will have virtually no chance of success. This is because under Israeli law adults having sexual intercourse take a risk as to possible consequences of their actions, and are responsible for them, even if the result is an unplanned or unwanted pregnancy and the birth of a child. Israeli law places an absolute burden of responsibility on the biological father of a child, to support the minor financially , regardless of whether he intended to create a child or not when he had sex with the mother. The mother of your child can sue you for paternity and child maintenance, on behalf of the minor.

