Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeThere is no place to interpret an agreement when the agreement uses clear and simple wording
Commercial, Banking and Financial
Dispute Resolution
A company entered into an agreement with a fundraiser, but refused to pay the agreed commission because the funds were raised from an “ordinary investor” through a well-known internet platform for “crowdfunding” while some of such were already associated with it. The Court accepted the claim and held that the company must pay the agreed […]
A person may be entitled to restitution from a third party for property bought with his money even if the third party was acting good faith
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Real Estate
Dispute Resolution
A man and a woman entered into a transaction according to which they would finance the purchase of six apartments in equal parts, and the rights to such would be divided equally. In practice, the man breached the contract and transferred all the funds deposited with him to his children, for the purpose of purchasing […]
The board of directors may not refuse the transfer of shares of the company except for considerations of the company’s interest
Business, Corporate and Joint Ventures
Dispute Resolution
As part of a shareholder dispute in a company that is managing a gas station, a contention was made that the transfer of shares carried out in each of the shareholders groups was invalid because it did not receive the approval of the board of directors. However, one of the transfers was reported by the […]
Discussions in a board of directors of a company may be protected from defamation suis if the said was in good faith and relevant
Commercial, Banking and Financial
Public Law, Environment and Tenders
Business, Corporate and Joint Ventures
A member of the city council who made defamatory statements at the city council meeting regarding one of the council members contended that it was a lawful publication with complete immunity because it was done within the framework of a permit from the competent authority. The Supreme Court held that the things said are not […]
The Israel Lands Authority is obligated to ensure that land allocated to a developer is used in accordance with the purpose of the allocation
Real Estate
Public Law, Environment and Tenders
Dispute Resolution
The Israel Land Authority did not act to ensure that an entrepreneur who obligated by the lease and development contract to build protected housing for the elderly for over 55 years old indeed stand up to its obligations. The Court accepted the claim and ordered the Israel Land Authority to enforce the leasing agreements and […]
Even if there is a right to terminate an agreement for “any reason” whatsoever it must be exercised in good faith
Real Estate
Public Law, Environment and Tenders
Commercial, Banking and Financial
A chain of coffee shops was required to vacate the premises it leases at gas stations on Route 6 after 18 years only because the lease agreement stipulated that it can be terminated upon notice “for any reason”. The Court rejected the eviction claim as the eviction notice was made in distinct bad faith. In […]
Lasting Power of Attorney- Will one’s will and dignity trump?
Lasting Power of Attorney
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
An article on the ability to cancel a lasting power of attorney or intervene in the way it is exercised, after it has come into effect. The article was written by Osnat Nitay of Afik & Co
