Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeIt is not possible to contend a material breach when the breach is of an obligation to endeavor only
Commercial, Banking and Financial
Business, Corporate and Joint Ventures
Dispute Resolution
Many years after the formation of a partnership, it was discovered that despite its explicit declaration in the agreement between the partners, one of the partners did not act in order to obtain the regulatory approvals required for its entry into the partnership. The Court rejected the claim that it was a material breach and […]
It is possible to recognize the validity in Israel of a foreign judgment based on “law and justice” considerations
International Transactions and Dispute Resolution
Dispute Resolution
Domestic Relations
A Court in France decided that the late divorce agreement signed and approved in France annuls the divorce agreement that preceded it and which was validated by a judgment in Israel. The husband’s claim to recognize in Israel the foreign judgment was accepted and it was recognized for reasons of justice. A foreign judgment has […]
How to Elect Between Wolfs, Sheep and Spam ?
Privacy, GDPR, Confidentiality and protection of reputation
High-Tech and Technology
An article on the limitations on Spam messages in Israel and the exceptions thereto. The article was written by Adi Marcus, Adv. of Afik & Co.
The expected reform in the definition of “Israeli resident” and “foreign resident” in the Israeli Income Tax Ordinance
Taxation and Government Incentives and Funding
International Transactions and Dispute Resolution
An article by tax expert attorney Guy Hen as to a draft bill to change the manner of definition of residency in Israel
Apartments cannot be rented for short-term periods when the permitted use under the condominium bylaws is for “residential use only”
Real Estate
Dispute Resolution
A company operating a short-term apartment rental business in a condominium located in Jerusalem, despite the opposition of the apartment owners and contrary to the condominium bylaws. The Court accepted the claim and prohibited short-term rentals of apartments in the condominium. Condominium bylaws that state that the apartments will be used “for residential purposes only”, […]
A bank that performs unilateral actions on an account without notifying the client may be deemed as beaching its banking duties
Commercial, Banking and Financial
Dispute Resolution
A bank branch in Hod Hasharon took unilateral actions of withdrawing funds and restricting a customer account without any prior inquiry and without an overdraft in her account, merely based on a televised interview that was conducted with her. The Court accepted the claim and held that the bank’s actions constituted a breach of banking […]
Supervision by a State authority over the functioning of its external concessionaire does not make the employees of the concessionaire a State employee
Labor Law and Immigration
Public Law, Environment and Tenders
Dispute Resolution
A shooting instructor employed at the National Police College by a concessionaire was terminated and demanded to be recognized as a police employee. The Court rejected the claim and held that there was no employer-employee relationship between the police and the employee. The Police Ordinance defines the manner of recruitment of a candidate for service, […]
A company debt may be attributed to a shareholder who orders a service knowing that the company is unable to meet its obligations
Business, Corporate and Joint Ventures
Dispute Resolution
A shareholder was required to personally pay its company debt while transportation services were ordered but no payment was made. The Court accepted the claim and held both the company and the shareholder accountable to pay the debt. A company debt can be attributed to its shareholder by virtue of piercing the corporate veil. Piercing […]
