Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeIn order for a shareholder to be able to file a lawsuit on behalf of the company, it must be shown that this is in the best interest of the company and has a chance of success
Business, Corporate and Joint Ventures
Dispute Resolution
Two companies established a joint company for the purpose of carrying out a real estate project in a complex where there are several parallel projects. After one of the founding companies made an offer in a tender to carry out one of the other projects in the complex, the second founding company claimed that such […]
Filing a false complaint to the police is not good faith behavior and may be deemed as defamation
Commercial, Banking and Financial
Dispute Resolution
A couple filed false complaints to the police regarding “noise” emanating from their neighbors’ apartment. The Court accepted the neighbors’ claim and held that the accumulated incidents of false complaints submitted in bad faith constitute defamation. Filing a complaint with the police can be considered a publication that establishes liability for defamation. At the same […]
When alongside the fictitious overt contract there is a covert contract that is not illegal – it can be enforced
Commercial, Banking and Financial
Real Estate
Dispute Resolution
A property owner sold a property to her friend in a sales agreement which also included a rental agreement between the seller and the buyer for the remainder of the seller’s life. In practice, the buyer did not pay any consideration to the seller for the property, while the seller did not pay rent to […]
A termination hearing procedure that is held only for appearance entitles the employee to compensation
Labor Law and Immigration
Dispute Resolution
An employee at the American embassy claimed that she was improperly terminated after a quick termination hearing that was held for appearance only. The Labor Court accepted the claim and held that there was a defect in the termination of the employee due to not giving her the right to a lawful hearing. A proper […]
In the absence of a written document for ordering real estate brokerage services a realtor may lose its right to brokerage fees
Real Estate
Dispute Resolution
A relator demanded payment of brokerage fees though no written brokerage agreement was signed. The Court held that in the absence of a written brokerage agreement, no brokerage fee will be paid in the transaction. Under Israeli law, the recipient of brokerage services commitment to pay brokerage fees must be reflected in a written and […]
Reasonableness of a delay in contract termination following prior notice will be examined under the circumstances
Public Law, Environment and Tenders
Commercial, Banking and Financial
Dispute Resolution
The winner of a tender to execute a complex project did not meet its tender obligations, and nearly three months after the last day it was given to cure the breach had passed, the tenderer terminated the agreement between the parties due to the tender winner’s non-compliance with its contractual obligations. The Supreme Court rejected […]
“For Residence Only” – a Tourist or a Tenant?
Real Estate
High-Tech and Technology
An article on the ability of neighbors to object to short time leases of apartments via applications such as AirBnb or Booking
