Afik News 281 24.04.2019

Legislative Updates

April 18, 2019

Non distribution of dividends may be deemed oppression of minority

A company managed a swimming pool and at some point signed a combination deal in which it received 32 out of 204 apartments built on the ground, which it sold. The controlling shareholder purchased a considerable part of such apartments under favorable terms. After the sale of the remaining land, the company remained inactive, but the funds were not distributed to the shareholders...

April 4, 2019

In the absence of a non-competition agreement a partner may compete with the partnership once it is dissolved

Four partners set up a website in the field of home planning and design, and one of whom brought the professional content, which derived from a printed newspaper that she had managed before the partnership was established. The partnership was dissolved due to the breach of the partnership agreement by the same partner and with the dissolution of the partnership, the partner established her own ...

March 11, 2019

One cannot contend that goods were faulty if the complaint was not raised immediately upon discovering it

A distributor of baby bottles and related products contracted with a factory to produce the products for it. At some point the distributor stopped paying, contending that it was offsetting damage caused by defective goods supplied over the years, and the supplier refused to continue supplying the goods. As a result, the distributor terminated the agreement and refused to pay for goods already ...

March 7, 2019

An employee might not be entitled to payment for overtime done on his own initiative

An employee demanded payment of overtime but the employer argued that the employee did not receive confirmation to work beyond the working hours...

April 23, 2019

An obligation to grant an apartment as a gift may be cancelled if not yet recorded at the Land Registry

A 90-year-old man gave his apartment as a present to a young woman who helped him with household chores but contended that it was agreed that if his financial situation worsened he would get the apartment back. The parties also signed a prenuptial agreement that did not address the possibility of returning the apartment. The woman agreed to give up the gift in return for ILS 250,000, but later ...

April 4, 2019

A lessee is required to pay rent even if could not use the property due to a fire

A lessee refused to repair damages caused by fire and pay rent for the entire period in which the use was prevented...