Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeAn agreement marked as a “draft” may still be deemed obligating if the signature is technical
Real Estate
Dispute Resolution
Two parties negotiated the purchase of an apartment. The parties met to sign the agreement, which was marked as a “draft”, but the seller refused to sign due to a tax issue. The Court held that no binding agreement was executed and therefore the buyers are not entitled to damages for its breach. Israeli law […]
A loss of trust between company shareholders does not necessarily justify a separation
Business, Corporate and Joint Ventures
Dispute Resolution
Two shareholders got into a dispute. As a result, one sought to establish a separation mechanism between them. The Court rejected the motion and held that a loss of trust between the parties does not necessarily justify separation. A loss of trust in a company managed as a kind of partnership may justify a separation, […]
The existence of a partnership will be decided according to the essence of the relations that actually existed and not the parties’ original intent
Business, Corporate and Joint Ventures
Labor Law and Immigration
Dispute Resolution
An employee demanded from his employer rights arising from his work for it, despite a partnership agreement signed between the parties before starting his work. The Labor Court accepted the employee’s contention because in practice the employee was not a partner in the partnership that managed the business in which he was employed. The existence […]
Winning in a Tender or Gambling in a Casino
Public Law, Environment and Tenders
An article on tenders and the paramount importance of getting legal advice not only in the field of tenders but also in the field of the tender contract, before submitting a bid in the tender. The article was written by attorney Shelly Wilner from Afik & Co.
Confirmation of a transaction based on lacking information and omission of essential details is not valid
Commercial, Banking and Financial
Dispute Resolution
A customer made a reservation through the Booking.com travel platform for accommodations in France. Upon arriving at the accommodation on the appointed date, he discovered that his reservation has been unilaterally canceled by the host because he had not made additional payments which were required for the holding reservation. The Court held that the platform […]
A lessee is not liable towards a lessor for fire damage caused not due to its negligence
Real Estate
Dispute Resolution
A lease agreement set that the leased house in a good condition but during the lease, for circumstance not related to the lessees, the house burned to the ground and the lessor demanded that the lessees pay for the difference between the insurance proceeds and the value of the house. The Court rejected the claim […]
Generally, a gift agreement cannot be cancelled unless the receiver behaved disgracefully
Real Estate
Dispute Resolution
A husband signed an agreement in which he gifted his wife real estate. After about a year he regretted he signed the agreement, signed a power of attorney granting the rights to the real estate to his sons but did not inform the wife about the cancellation of the gift. The Court held that the […]
A vaguely drafted and forward-looking document will not be deemed a will
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
A person has drafted a handwritten document which was written after his duly made will, in which it was recorded that he intends to divide his property among his children as a will instead of his previous and detailed one that was signed in the presence of witnesses. The Court rejected the probate motion in […]