Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA ship agent is not part of the maritime carrier but only give it local services in the harbor
Maritime, Aviation and Transportation Law
Dispute Resolution
An Israeli shoe manufacturer demanded compensation from a number of parties for damage caused to it as a result of the loss of a shipment of shoes sent to it from China to Israel, including the shipping agents in Israel, claiming that they are part of the maritime carrier. The Court rejected outright the claims […]
It is possible not to enforce the employment contract of the CEO even in contradiction of the articles of the comapny for reasons of company benefit
Business, Corporate and Joint Ventures
Labor Law and Immigration
Dispute Resolution
The CEO of a company claimed that the decision of the company’s board of directors to fire him was made in violation of the company’s articles of association, which granted this authority exclusively to the shareholders, and this when the CEO has, despite being a minority shareholder, a right of veto over the resolutions of […]
Removing a person from a “WhatsApp” group by itself does not constitute defamation
High-Tech and Technology
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A member of a sports club’s WhatsApp group was removed from the group and contended that the automatic message received on WhatsApp “removed from the group” harms his good name and constitutes a defamatory publication. The Court dismissed the claim and held that the act of removing a member from a WhatsApp group, by itself, […]
One cannot seek liquidated damages due to cancellation of an illegal memorandum of understanding
Commercial, Banking and Financial
Real Estate
Dispute Resolution
One signed a memorandum of understanding in which he undertook to sell its farm at a reduced price and an agreed liquidated damages of ILS 200,000 in the event of its breach. After a few days, the seller realized that the document was intended to deceive the tax authorities and canceled the transaction. The Court […]
Under certain circumstances a notarial will that was not made under the process required by law may still be enforceable
Wills and Estates
Notarial wills and testaments
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
A daughter who discovered that shortly before her demise her mother made a notarial will in which she completely disinherited the daughter and transferred her share to the grandmother, sought to oppose the will inter alia on the grounds that it was made by her dying mother without the medical certificate attesting to her mental […]
Special Committees Confidentiality in Transaction With Controlling Shareholder
Mergers and Acquisitions
Business, Corporate and Joint Ventures
An article on the approval of transactions in a public company between the company and another corporation controlled by the same shareholder. The article was written by attorney Gilad Bar-Ami of Afik & Co.
A material mistake regarding the planning status of the land and the possibility of betterment may lead to cancelation of the transaction
Real Estate
Dispute Resolution
One who sold an agricultural land for about ILS 200,000 sought to revoke the agreement because he was not aware of a planning procedure to change the land’s designation from agriculture to residential which resulted, during a short time, in an increase in the land value of 5 times the consideration paid. The Court accepted […]
