The Function and Ramifications of the Enforcement Procedure
When an Israeli court hears a petition to enforce a foreign judgment, it does not examine the factual or legal correctness of that judgment. In fact, it examines only the outer “shell”—not the substance of the judgment. Is this procedure constitutive in nature, meaning, does it create a new obligation, or is it declarative: does it intend only to declare the validity of the foreign obligation? The answer to this question will come to bear on a few issues pertaining to the enforcement of foreign judgments, including entertaining claims related to events that transpired or circumstances that changed after the judgment was rendered, and the Israeli court’s jurisdiction to impose interest on a sum awarded by a foreign judgment. What follows is the position of the law on the function fulfilled by the enforcement procedure, and the ramifications of this position on the above issues.