Declaratory judgment – ​​what is it and in what cases can and should it be requested?

A person seeking a declaratory judgment is a person who wishes the court to determine that that person has lawfully performed a certain action or that he is entitled to some right. In a claim for a declaratory judgment, only a declaration/determination by the court is required. It can be incorporated into the Civil lawsuit One is a declaratory relief and also a demand for monetary compensation, but this is not a claim for a declaratory judgment but a claim that also includes operative remedies (such a claim will last a longer period of time and will involve a higher fee).

As will be explained below, a person interested in receiving declaratory relief only so that he can subsequently file a monetary claim (another claim) against the same defendant on the same issue, will be rejected by the court.

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On what basis can a declaratory judgment be requested?

פס"ד הצהרתי ניתן לדרוש מכוח סעיף 75 לחוק בתי המשפט אשר קובע כך:

General authority to grant relief

Any court hearing a civil matter is authorized to grant declaratory relief, Order made, Do-not-do command, an order for execution in kind and any other remedy, as may be deemed appropriate in the circumstances before him.

בעניין קבלת פס"ד הצהרתי בית המשפט העליון קבע כך (ע"א 408/65 עו"ד סימן טוב ג'ראסי מפעל להכשרת ילדי ישראל, פסק דין מיום 17.3.1966):

A claim for a declaratory judgment is one of those types of relief that are needed in courts of equity and the granting of which is always subject to the full discretion of the court hearing the matter, and for this purpose, it is permitted to bring to the court, among its considerations, the plaintiff's conduct in the act that serves as the basis for his claim. A court of equity will not grant this remedy when the plaintiff is not deserving of it. In the circumstances of the case as proven, I do not think that the appellant is deserving of the relief he seeks. The degree of equity does not allow him to be granted a remedy on the basis of a situation for which he himself is to blame, especially when other remedies are open to him.

In other words, granting declaratory relief is at the discretion of the court, which will examine, among other things, the conduct of the person seeking this relief. The court may reject the request for verdict I stated whether other ways are open to the plaintiff to exhaust all of his remedies.

בית המשפט יבחן גם האם לאחר קבלת פס"ד הצהרתי בכוונתו של התובע להגיש תביעה כספית נגד הנתבע. אם זה המצב בית המשפט עשוי לדחות את תביעת התובע לסעד הצהרתי בלבד ולדרוש מהתובע להגיש תביעה אחת הכוללת את כל סעדיו. הנימוק לכך הוא שאין סיבה להטריד את הנתבע פעמיים באותה סוגיה.

Advantages of requesting a declaratory judgment only (without additional remedies)

As you probably know, management Financial claim or Class action lawsuit May take a very long time (sometimes even several years). In these cases, the court examines the factual disputes between the parties, which may sometimes be particularly complex, and the court is also required to examine whether the financial remedies do indeed reach the plaintiff, and even if so, whether they are indeed in the same amounts that were claimed under the Claim.

On the other hand, a claim that requires Declaratory relief It is usually a much simpler claim, and will usually also last a much shorter period of time. This is a fundamental and central advantage.

Another advantage in a lawsuit for a declaratory judgment is that the fee is significantly lower. In a monetary lawsuit, the fee is 2.5% of the claim amount (1.25% must be paid immediately upon filing the lawsuit and the balance must be paid after filing). Affidavit of first witness And before The evidence discussion – usually at least six months after filing the claim).

לעומת זאת, בעת הגשת תביעה לקבלת פס"ד הצהרתי על התובע לשלם אגרה מופחתת, אשר עומדת נכון להיום על סך 669 ש"ח כאשר מדובר בתביעה לבית משפט השלום, וסך של 1179 ש"ח כאשר התביעה מוגשת לבית המשפט המחוזי.

עניין זה קבוע במסגרת תקנות בתי המשפט (אגרות) – תשס"ז – 2007:

In matters as detailed below, a fee will be paid according to item 3, 3A, 3B, 5, 10 or 10A in the appendix, as the case may be:

(1) A declaratory order, injunction, order of execution or enforcement order, except for a claim for financial relief as a result of such an order;

And in the appendix to the regulations (at the end of the document) you can see all the relevant amounts.

Cases that may be suitable for a claim for a declaratory judgment

Cases that may be suitable for obtaining a declaratory judgment are those cases in which the plaintiff does not seek financial relief other than declaratory relief.

Examples: declaratory relief that the agreement was or was not lawfully terminated, Declaratory relief whereby real estate Belong to the plaintiff, a declaratory relief that the plaintiff acted or did not act lawfully, a declaratory relief that some property belongs to the plaintiff.

In conclusion

A lawsuit for a declaratory judgment is slightly different from a lawsuit seeking monetary relief. Filing such a lawsuit involves Paying a lower fee And it will usually last a much shorter period of time compared to another claim that also includes additional remedies (for example, financial compensation).

The purpose of a declaratory judgment action is to establish that the plaintiff has performed a certain action or is entitled to some right. It can certainly be incorporated into the Claim One is financial remedies and declaratory remedies, but as mentioned, such a claim will last a longer period of time.

You cannot first file a lawsuit for a declaratory judgment and then file a separate lawsuit in the same matter to obtain additional remedies or monetary relief. The exception to this rule is if the plaintiff has sought Splitting of remedies And the court granted the request.

It is always advisable to consult with Claims lawyer Experienced before deciding to file a lawsuit for the purpose of obtaining declaratory relief only.

Frequently Asked Questions Regarding Obtaining a Declaratory Judgment