Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA franchising agreement also includes by its nature the use of a name and no separate agreement is required
Commercial, Banking and Financial
Dispute Resolution
The owner of a Hummus restaurant orally agreed with a franchisee who wanted to open a restaurant in the same name that the franchisee would, against payment of a fee, be able to use the knowhow as to preparation of the hummus and would be able to open a restaurant under the same name. The […]
The Risk of Disqualification of a Tender Win Due to Failure to Meet Time Restrictions Following the Win
Public Law, Environment and Tenders
Real Estate
A winner of a tender was late by four days in one of the payments required to be made in order to consummate the win – is this a technical glitch or a material defect that may result in the cancellation of the winning in the tender? A decision given by the Israeli Supreme Court […]
A bank must provide services to its customers, unless its refusal to provide a service is reasonable
Commercial, Banking and Financial
Dispute Resolution
A bank decided unilaterally to close the accounts of three companies and their shareholders because of “red flags” that caused it to fear that these accounts were involved in money laundering. The bank gave a 14-day warning to the customers. The Court held that the bank is obligated to allow the accounts to be held. […]
An arbitration agreement obligates only to the parties thereto and cannot be applied on a control holder of a party
Business, Corporate and Joint Ventures
Commercial, Banking and Financial
Dispute Resolution
In 2014, a company entered into an agreement to distribute Huawei products in Israel and the Palestinian Authority, which included a clause stipulating arbitration in Italy. In 2016, the controlling shareholders of the company formulated agreements with Huawei on distribution terms, including minimum quantities, but a new agreement was not signed. When Huawei terminated the […]
A holder of 25% of the shares of a company may be personally liable for its city tax debts
Business, Corporate and Joint Ventures
Commercial, Banking and Financial
Dispute Resolution
A municipality demanded payment of city tax from a shareholder of a company that operated a laundry, but ceased its activity. The Court rejected the claim against the shareholder due to the lapse of the statute of limitations period but held that, had the period not lapsed, the shareholder would have been personally liable for […]
A breach of an employee’s commitment to a minimum employment period will not always entail reimbursement by him of his training expenses
Labor Law and Immigration
Dispute Resolution
עבודה ארצי: התחייבות עובד לתקופת העסקה מינימלית הפוגעת בחופש העיסוק של העובד תיבחן במבחן המידתיות
Building rights on the roof of a condominium belong to all residents even if the roof was attached to the upper apartment
Real Estate
Dispute Resolution
The owners of a condominium top-floor apartment, in which the condominium bylaws set that the roof area is attached to the apartment, contended that all building rights on the roof under the new urban building plan belong to them and not to all apartment owners. The Court held that the building rights do not belong […]
