Afik News 206 08.06.2016

A municipality refused to issue a document required for transfer of rights in land at the Land Registry on the grounds that there exists an old debt for municipal taxes and levies. The Court held that the laches rules applies both to the individual and to the authorities. In order to examine the question of […]

A construction company agreed with a purchaser of an apartment within a registration form that he will be assigned an additional parking, a disabled parking, beyond the ordinary parking place in the attributed to all apartments but the signed contract did not include such provision. The purchaser filed a claim against the company based on […]

A farmer signed a contract with a packager for export of pomegranates.  Although a field check, prior to picking of the fruit, showed that the fruit was clean, a check of the Ministry of Agriculture at the packager showed that some of the fruits were infested with fruit fly and thus the fruits were disqualified […]

An investor in a company terminated the agreement and demanded repayment of amounts paid after discovering that a material client was diverted to a competing business of the control holder.  In retrospect it was found that that specific client was not diverted but another was. The Court held that a material client commenced receiving services […]

A stationary supplier executed an agreement with a distressed stationary chain, whom such supplier was its main creditor, to transfer the managing of its shops to the supplier for 7 years against monthly payment with an annual minimum payment.  The agreement was contingent on the Antitrust Commissioner’s approval as required under law but the first […]

A lawyer incorporating international tax structures for clients was demanded by the Israeli tax authorities to disclose documents relating to companies incorporated for clients, specifically corporate documents, bank account opening documents and credit card clearing accounts documents and personal documents of people related thereto and exposing the identity of the beneficial owners of such corporations. […]

Amendment 50 of the Israeli Execution Law enacted at the end of March, 2016, prevents creditors from waiting for the interest to accumulated before commencing debt enforcement procedures. This amendment sealed one of the loopholes that attorneys representing large service organizations (including banks) used to increase their fees on collecting accounts receivable. But this is […]

After a foreign spouse of an Israeli citizen was arrested by the authorities the couple moved for her status but the motion was rejected. The court held that it will intervene only in cases of unreasonableness. Where a motion for status of spouses is filed only after the arrest of the foreign spouse this will […]

בג"ץ: סכסוך הנוגע לזכויות עובד על-פי חוקי המגן אינו יכול להימסר להכרעת בורר