Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeTermination of an agreement not duly made entitles the harmed party to compensation reflecting the loss of profit that was expected in the transaction
Commercial, Banking and Financial
Dispute Resolution
An entrepreneur leased a 2,500 square meters of roofs from a private individual for the purpose of installing a photovoltaic (solar) system, but the agreement was suddenly terminated upon notice, apparently due to dissatisfaction with the economics of the transaction. The Court partially accepted the claim and held that the agreement was unlawfully terminated and […]
A Delay on Delay – What Would be the Compensation?
Real Estate
A couple purchased an apartment “on paper” from a contractor and had to exercise a lot of patience until they received the long-awaited key. Despite the couple’s expectation to receive the apartment at the time specified in the agreement, they had to wait a long time due to various delays on the part of the […]
A license to use a land may be revoked even after decades
Real Estate
Dispute Resolution
Homestead owners forbade their neighbors to use the service road that runs between the plots and which was used by the parties for nearly 60 years. The Court rejected the claim and stated that the right of use is not a proprietary right and may be revoked. A land license is a permission to hold […]
A company is not allowed to use a name similar to the name of another company in a way that may be misleading
Business, Corporate and Joint Ventures
Copyright, Trademarks Media and Artists
Dispute Resolution
A company operating in the real estate and urban renewal sector demanded a competing company to change its name due to its similarity and being misleading. The Court accepted the claim and held the competing company is to refrain from using its registered name as long as it is operating in the urban renewal sector. […]
One’s alleged words while drunk and not in danger of life are not a ” deathbed will”
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
A man who was hospitalized for dizziness died 18 days after his release from the hospital. His brothers contended that during his hospitalization he gave them his will orally and they even wrote down his statements. The Court accepted the objection to the will and held that the document drawn up by the brothers does […]
A Prenuptial Agreement stipulating property separation must be supported by an appropriate will
Notarial Prenups
Notarial Services
Wills and Estates
A couple signed a prenuptial agreement setting a complete segregation of property and shortly after their marriage the husband died intestate. The The Supreme Court held that the prenuptial agreement does not exclude the woman from her right under law to inherit despite the property segregation stipulated therein. The Israeli Inheritance Law does not recognize […]
Using a trademark to describe another product does not constitute an infringement of the trademark
Copyright, Trademarks Media and Artists
Dispute Resolution
A perfume manufacturer, who used the trademarks of luxury perfumes without their permission, contended that the use was made as a means of attribution to describe its products and this because the scents of its products match those of the luxury products and it needs to refer to the latter for the purpose of describing […]
