Afik News 279 27.03.2019

Afik News 279 27.03.2019


Legislative Updates

February 19, 2019

A bankrupt who failed to disclose a certain debt will not be relieved of such debt

A person gave his friend a loan of ILS 320,000, with a promise from the friend that he would invest the money in transactions with the Ministry of Defense, which was expected to yield about 10-12.5%. The friend eventually went into bankruptcy proceedings, in which he did not declare the abovementioned loan, but when he got an exemption, contended to be exempt from repaying the loan...

February 21, 2019

An agent may not represent the principal in legal proceedings without explicit authorization

Within a share purchase agreement the seller remained, until completion of the transaction, a signatory and representative of the additional shareholder. Later he repudiated the transaction and even filed a claim, on behalf of the company, against the purchaser...

March 3, 2019

No need for prior notice for termination of a breached distribution agreement unless the supplier took its time to terminate it.

A distributor in Israel signed an exclusive distribution agreement with a German supplier for lighting products, to be valid for one year. The agreement was later extended by conduct but no other agreement was signed. On a visit to Israel, the supplier discovered that the distributor intends to sell its activity and wrote to the distributor that it is concerned about the idea and maintains the ...

March 19, 2019

In a set of agreements, it is possible to learn about the intention of the parties from the previous agreementsנ

A landowner sold part of his land in a transaction at a net price. After about 11 years, a second agreement was executed in which the identity of the purchaser was changed, and after that, a third agreement was executed between the purchaser and the landowner, however, instead of a “net” transaction in which the tax charges are imposed on the purchaser, the transaction was defined as a "gross" ...

February 7, 2019

Rewriting and uploading to an Internet site of an article may constitute a copyright infringement

A man managed a website that compiled paid-for articles. Later, due to illness, he was unable to renew the domain registration in his name and others acquired the domain. The purchasers wrote articles on the same subjects, but in their own words. Moreover, when the new website was launched, due to an employee error, confusing between folders, 38 old articles of the previous owner were uploaded, ...

February 26, 2019

A lessor is not entitled to demand monetary compensation as a condition for assigning the lease agreement to an alternative tenant

A business lessor demanded, as precondition for change of lessees prior to the end of the rental period that the alternative lessee will agree to a 15% increase of rental fee and also doubling the amount of the guarantees.  In addition, the lessor demanded compensations from the departing lessee of ILS 40,000...