Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeAn early will, will be annulled in full if any of its provisions contradicts a provision in a later will
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
A testator who in his will bequeathed his entire estate to his wife without specifying exactly what the estate included, made, several years later, another will in which those assets from the testator’s estate that would be transferred to his wife were specified, all without revoking the first will or making any reference to the […]
Serving as a director by itself does not justify imposition of personal liability nor piercing the corporate veil
Business, Corporate and Joint Ventures
Dispute Resolution
A company did not pay its debt to a service provider and the director was personally demanded to pay the debt. The Court rejected the claim against the director and held that the corporate veil should not be pierced nor should the director be held personally liable for the company debt. Pursuant to the principle […]
An employer may deny severance pay and notice fees from an employee who committed particularly serious offenses
Labor Law and Immigration
Dispute Resolution
An employer is demanded reimbursement from an employee who was found to be stealing from it and embezzling, and also sought to deny his right to severance pay and prior notice payment. The Labor Court accepted the motion and held that in the event of a serious breach of fiduciary duty, an employee can be […]
A consumer is not exempt from payment for an ongoing transaction even if did not actually use the service
Commercial, Banking and Financial
Dispute Resolution
Customers who did not use the Hot Cable TV’s end devices demanded the cancellation of accumulated charges because they did not actually use service. The Court dismissed the claim because the customers did not send a disconnection notice to the service supplier as requested. Israeli law states that the consumer must give notice of cancellation […]
A lessor must disclose all facts relevant to the use of the property, including size and valid planning designation
Real Estate
Dispute Resolution
A lessee terminated a lease agreement after discovering that the property size is smaller than specified in the agreement and the zoning designation does not meet its purpose (winery, wine production, and its storage). The Court rejected the claim to obligate the lessee to pay the rent and held the lease agreement was duly terminated. […]
A supplier who agreed to waive a customer debt due to its bad financial status is not allowed to demand the balance upon improvement in financial situation
Commercial, Banking and Financial
Dispute Resolution
A flower supplier agreed to waive a customer debt, but later regretted it. The Court dismissed the claim and held that the waiver settlement must be honored. An agreement is meant to create a balance in the distribution of risks and opportunities between the parties. A party that took a risk upon itself (and alongside […]
Are you a good employee? So you are probably allowed steal from the employer!
Labor Law and Immigration
An article on the ability to prevent an employer to forfeit the severance pay of an employee who embezzled. The article was written by Osnat Nitay of Afik & Co.
A contract plotted to be illegally performed will be deemed invalid even if this plot was devised after the contract execution
Business, Corporate and Joint Ventures
Commercial, Banking and Financial
Dispute Resolution
Two entrepreneurs who founded a company in the field of cannabis made an agreement according to which one would own all its shares, while the other would be given an option to purchase 50% of the shares. However, after exercising the option they chose to conceal the purchase from the authorities due to the concern […]
