Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeLack of consideration for change of agreement by behavior enables reversion to the original terms but only as of the date of notice
Commercial, Banking and Financial
Real Estate
Dispute Resolution
A management company that maintains the common areas in a business center in an industrial area in Jerusalem has not demanded management fees for nearly 26 years, despite the existence of a written agreement. The Court held that the management company is not entitled to receive management and maintenance fees for the past period, due […]
The right for compensation for data collection in the EU is not dependent on proof of immaterial breach
European Law and Regulations
Privacy, GDPR, Confidentiality and protection of reputation
The Austrian postal services collected information on Austrian citizens and their political affiliation without updating the post users. The Court held that there is a need to compensate for the collection of the information. One may not collect information on EU citizens living outside the EU or EU domiciles without a set GDPR framework. Be […]
A lessor may not evict a lessee who cured his breach and paid the rent late but within a reasonable time
Real Estate
Commercial, Banking and Financial
Dispute Resolution
A lessor sought to evict a lessee from a leased property after such did not pay the rent on time according to the lease agreement for an extended period of time. The Court dismissed the eviction claim and held that where a lessee paid the rent, even overdue, there is no place for eviction. A […]
On oppression and tyranny by the minority
Business, Corporate and Joint Ventures
An article on oppression in companies, where the oppressing party is in fact the minority and not the majority. The article was written by advocate Shelly Wilner of Afik & Co.
He who infringed upon a copyright in good faith and without knowing of its existence will not be required to pay compensation
Copyright, Trademarks Media and Artists
A retail chain sold designed wooden signs bearing the phrase: “Whoever believes is not afraid”, which is also found in the song “Whoever Believes” written by the creator Yossi Gispan. The Court rejected the creator’s claim for damages and held that the copyright infringement was done in good faith under circumstances that do not justify […]
A common law spouse of a deceased may be entitled to half of the joint property even in the absence of a prenuptial agreement
Notarial Prenups
Notarial Services
Domestic Relations
A couple who was known as common law couple for 30 years drew up an “agreement, a notarized commitment letter and a statement of facts”. After the woman passed away the man contended that he is entitled to half of the joint property because it the agreement amounts to prenuptial agreement. The Court held that […]
