Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeYou Shared or Liked on Facebook? The Court Claim Against you is En-Route
High-Tech and Technology
Commercial, Banking and Financial
Dispute Resolution
A friend shared on Facebook a picture or a post with his opinion on an election candidate. With great enthusiasm and a light hand on the keyboard, you decided to press the “like” button or even share the post. Does this make you responsible to whomever might be hurt by the post? Every day we […]
The general assembly of a sport association may decide on any matter, but is subject to the administrative reasonableness requirement
Business, Corporate and Joint Ventures
Dispute Resolution
An examination by an accounting firm appointed by the Ministry of Finance for the Israeli Handball Association raised serious suspicions of corruption and led to several arrests in a case known to the public as the “Faina Kirschenbaum” case. Following the arrest of the association’s chairman, a new chairman was elected who replaced many people […]
A shareholder can not expect the company’s articles not to change unless he agrees to the change
Business, Corporate and Joint Ventures
Dispute Resolution
A company’s articles of association included an arbitration clause, but a shareholder contended that the clause does not apply to her because it was included in an amendment to the articles of association that was adopted after she joined the company. The Court held that the arbitration clause applied even though it was introduced in […]
A subcontractor may not file a claim against the customer absent a direct agreement between them
Commercial, Banking and Financial
Dispute Resolution
A subcontractor entered into an agreement with a main contractor to carry out infrastructure works for a municipality but did not receive all of its money. The subcontractor demanded payment directly from the municipality and contended that the main contractor assigned to the subcontractor its rights to funds from the municipality. The Court rejected the […]
Commencement of a new employment during prior notice period stops the right to salary
Labor Law and Immigration
Dispute Resolution
An employment agreement stipulated that in the event of termination the employee is entitled to a 90-day prior notice. During the prior notice period the employee commenced a new employment. The Labor Court rejected the employee’s claim for salary during the prior notice period and held that the prior notice is not intended only in […]
A long-standing agreement between tenants in common may create exclusive usage rights in the land
Real Estate
Dispute Resolution
A parcel of land was held in common by two families and separated by a fence for dozens of years. At some point one of the families contended that the other’s part is bigger and thus the equality between tenants in common was jeopardized. The Court rejected the claim and held that the ownership of […]
A performance guarantee is intended to ensure the performance of the work and not its quality or the period of inspection
Commercial, Banking and Financial
Construction
Dispute Resolution
A subcontractor completed bridges construction work, but the main contractor was not willing to return the performance guarantees given to it by the subcontractor, contending that this was a back-to-back relationship and thus, until the main contractor’s execution guarantees were not returned to it from the customer, the main contractor was not obligated to return […]
