What is the Israeli law "agreed compensation"?
The law allows the parties to reach a contract freely, determine the sides along the agreed compensation as a condition of contract and under certain conditions, the Court is authorized to reduce the amount to be determined between the parties to a contract under section 15A which says "However, the Court is entitled to reimbursement if ameliorate these stressors has established no reasonable proportion to the damage that could be considered when cutting off the contract as a result of the probable cause of violation" to deprive the parties justifies the compensation contract signed between the two sides.
This authority enables the Court not to sentence those needs based on the expectation of each of the parties to the contract and compensation ratio between the amount stipulated in the contract and the damage that can be expected when the amputation.
The legislature is in a position, on the one hand the Court is competent to rule on compensation agreed format if you can see the sum of compensation the Court can then be reduced to a "right," and thereby harm freedom of contracts between parties that have reached an agreement on free will.
The distinction between compensation for fretted by the fine parties led evidence to show that provide excessive compensation. You cannot justify in terms of evaluating the damage which might impose financial sanctions to punish and deter and reduce in other cases did the court intervened and reduced the amount of the agreed compensation as in the case of dual payment broker due to delay in payment and the Court ordered condition neglect. As well as math intervention to achieve the proper compensation.
The Court has the authority to intervene and lower when there is likelihood of harm could be seen when a contract resulting from probable cause of violation.
The Court intervenes through section 15 of the law, and do a comparison between the amount of compensation agreed and predictable damage. In ruling against repeated criticism on the decisions giving the agreed compensation to the damage to be expected but the actual damage.
The Court there are a few basic ways to go of guilty cases contributes, one way the Court ignores completely the agreed reimbursement because the section is intended to apply in cases of guilty a donor should compensation the verse without compensation section, agreed take when it is difficult to know the damage, only to those who nergamo due to the fault of the donor. The more damage that are easier to evaluate and prove them in court the Court ignores greater than the compensation agreement and appreciate the damage.
The second way the Court refers to the agreed compensation as an estimate of the damage and divides it between the parties to this contract are usually through cases in the Court of the agreed compensation system is divided between the two sides have same culprit contributing
The third solution, the Court examines the internal problem of the compensation for which was signed the sides to reach agreement and the real intentions of the other.
Israeli law the beginning article kivat 15 (a) the compensation rate would be without proof of damage alongside the setting force of the parties consent authorizes the Court to intervene and ameliorate these stressors agreed compensation, when we have a clear disregard of the rationale of compensatory medicines law. This authority is further authority to the Court to allow her to do and she forced the sides to normal contract can eliminate the core sections of the contract.
In the event that the Court can reduce the rate of compensation is agreed in the contract between the parties, the Court is facing two major, questions whether the Court in this particular case certified to reduce that was written in the contract, assuming authority for the Court to intervene in the case of some specific class, the Court may reduce discuss that later. Remedies Israeli law come cheer the asaad is fair that it reflects accurately the damage and giving it more. The Court's approach in general principle, the Court will intervene and will reduce the amount of the compensation agreed only in exceptional cases and in narrow, literal approach and referring to this authority as an exception to the rule that allows you the freedom to set compensation contracts agreed. While reasonable proportionality between the amount of the agreed compensation to the maximum damage that was expected when the Treaty was signed, squeeze, not to interfere with the Court and leave the compensation agreement in effect. It may be said in General that the Court should give effect to the agreed compensation sum exceeds 20% of the amount of the transaction. Wonder Court reduces charge compensation agreed that according to Halacha compensation should bring the financial situation which is what the contract lines, Attorney acshor contract responsible for enforcement exists physically or financially in compensation. In charge of compensation is limited to the more negative compensation i.e. compensation to bring the victim to the State it was found not renounce the contract.
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