Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeClicking the “Agree” button in a website will be treated as an active agreement to the terms of use of the website
A businessman used an online forex trading platform and lost money. He claimed that he did not understand the terms of use when he clicked the “I Agree” button and therefore there is no binding agreement between the parties. The Court held that when a party signs an agreement it is presumed that he read, […]
A tender bid to which a guarantee check carrying the former name of a company was attached will be disqualified
Public Law, Environment and Tenders
Commercial, Banking and Financial
Business, Corporate and Joint Ventures
In a tender the bidders were required to attach a bidder check as a guarantee for the benefit of the tender holder. The bidder company recently changed its name and the check carried its previous name. The Court held that one must be precise with the terms of the tender to ensure maximum accuracy and […]
An agreement to divide unique use of common areas in a condominium will obligate a purchase if can see it result on the land
Real Estate
Dispute Resolution
A tenant in a condominium began paving a common courtyard. One of the other tenants claimed that such area is in unique use of his apartment in accordance with a long-standing understanding between the owners. The Court held that it is not necessary that an agreement to divide a joint property and set a unique […]
Court may order a foreign company without assets in Israel to deposit a guarantee as a condition to hold proceedings in Israel
A foreign company filed suit in Israel. The defendants asked court to require the foreign company to deposit a bond to ensure their expenses. The court ruled that, in general, the court may require under a defendant’s request, to deposit guarantee fees to ensure the defendant’s costs if he wins by law and may detain […]
A business opportunity reaching the company just because of an officer and his reputation does not belong to the company
Business, Corporate and Joint Ventures
Labor Law and Immigration
Dispute Resolution
A majority holder in a company claimed that the minority used a business opportunity of the company because as a shareholder, employee and officer of the company he worked at the company (effectively doing all the work and his reputation was effectively based on his reputation only) and when he ceased working the company ceased […]
What to do when if my Internet domain was ‘abducted’
Commercial, Banking and Financial
Copyright, Trademarks Media and Artists
High-Tech and Technology
A client of our firm discovered that an Internet search of his shop name reaches a domain of another business, although such other business name is not even similar to the said domain name. The meaning of this is that potential customers seeking the name of the ship will reach the other business. Is there […]
A director is not of interest only because the shareholder appointing the director has a personal interest
Business, Corporate and Joint Ventures
Dispute Resolution
A director moved the Court for approval of a derivative claim arguing that the directors on behalf of the control holder dismissed the CEO while acting in a conflict of interests and preferred their own interest and the interest of the control holder. The Court held that a personal interest is a case where a […]
Interference of a distributee in the preparation of a will may cause the cancellation of the distribution to such distributee
Commercial, Banking and Financial
Dispute Resolution
After the demise of a person two wills were found, the second prepared a year after the first and only the estate manager’s identity was changed. The distributes disputed as to the validity of the second will. The Court held that under the Israeli Inheritance Law even without any undue influence on the testator the […]
