Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeAn apartment owner has the right to oppose the decision of the majority of tenants to build a gym next to his apartment
Real Estate
Dispute Resolution
A tenant’s room in the second floor of a condominium was converted into a gym, despite the position of some of the tenants who lives next door. The Land Registry Supervisor accepted the claim and held that the use of the tenants’ room as a gym will be ceased. A contract that required the consent […]
Lessee and lessor who consciously take a risk are not allowed to place the blame on the other party when the risk materializes
Real Estate
Commercial, Banking and Financial
Dispute Resolution
A lessee and lessor who entered into a lease agreement to operate a commercial business on an agricultural land contrary to the zoning designation, sought from each other indemnification and compensation, after the city forced evacuation and pressed charges. The Court rejected the mutual claims and held that the lessee and the lessor are equally […]
Insider Information When it is Certainly Uncertain
Capital Markets and Stock Exchange Regulations
An article on the prohibition of insider trading and when data will be deemed insider data when it is uncertain at the time of disclosure. The article was written by advocate Adi Marcus of Afik & Co.
Unless set otherwise pension funds are not part of the estate and will be transferred to the pension fund recorded beneficiary
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
Heirs according to a will demanded that the funds accumulated in the pension funds be transferred to them and not to the beneficiary registered in the pension fund. The Court rejected the claim and held that the funds must be transferred to the beneficiary written in the policy. Israeli law excludes from the estate amounts […]
A parent’s actions as a guardian over children’s assets must be approved by the Court
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Domestic Relations
A mother used life insurance funds she received for her minor daughter. The Court accepted the daughter’s claim and ordered the mother to return the illegally used funds to the daughter. Israeli law states that a guardian who wishes to perform legal actions related to minors’ funds, as well as withdraw amounts of theirs, must […]
Debts of a corporation established for illegal tax evasion can be attributable to those who use it for such purpose
Business, Corporate and Joint Ventures
Taxation and Government Incentives and Funding
Dispute Resolution
A tax assessment was issued to a taxpayer from income generated by illegal activity, even though the proceeds from the illegal activity were transferred directly to foreign companies that are not owned by that taxpayer. The Court rejected the taxpayer’s motion and determined that he can be held personally liable for the companies’ profits. Although […]
The potential for having an independent business is not enough to determine that the employee provided the services as part of an independent business
Labor Law and Immigration
Dispute Resolution
A consultant who was hired as a freelance contractor, sought to be recognize as an employee, even though the engagement agreement was with the consultant’s business. The Court accepted the counsel’s claim and held that indeed there was an employer-employee relationship between the parties. Being an employee is something close to status, and this status […]
Failure to insist on performance of a contractual obligation on time constitutes a waiver of the receiving party who cannot subsequently contend a breach.
Commercial, Banking and Financial
Dispute Resolution
Real Estate
A lessee of a property vacated the property before the end of the lease period, in coordination with the lessor, according to the lessee, and thus, demanded the refund of the deposit, while the lessor contended that the lessee breached the lease agreement and therefore the lessor may collect the deposit and is entitled to […]