Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeLessor, Lessee and not Necessarily Paying Tax in Lack of Profits
Taxation and Government Incentives and Funding
Real Estate
An article on a change in tax legislation that now allows housing developers to recognize rental expenses in order to reduce the tax on rental income. The article was written by attorney Doron Afik from Afik & Co. together with On Shani CPA from Shani Reuven & Co.
A lessee who seek damages due to a TAMA 38 project and did not act to reduce his damages is not entitled to compensation
Real Estate
Commercial, Banking and Financial
Dispute Resolution
A lessee sought damages from the lessor due to works carried out in the building as part of the TAMA 38 project. The Court rejected the claim and held that the lessee knowingly entered into the lease agreement and did not act to reduce his alleged damages. A lessee is not allowed to contend discrepancy […]
A class action for non-accessibility of a website requires first approach to the business
Commercial, Banking and Financial
Dispute Resolution
A person submitted several motions for approval of class actions against various businesses due to the inaccessibility of their websites, without bothering to contact them in writing first. The various business owners, who corrected the required, preferred to settle and pay thousands of shekels to the class claimer and his attorney in exchange for their […]
It is not possible to recognize as a will a document that does not include a succession type provision (bequeathing or excluding)
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
Several months after he signed a will in front of witnesses, in which he bequeathed his property to his young children and his wife, the deceased wrote a handwritten farewell letter in which he again stated that he bequeathes his property to his young children but did not refer to his wife’s share or the […]
Who’s will is it any way ?
Wills and Estates
Notarial wills and testaments
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
An article on the ability of a testator to prevent his heirs from transferring the assets as they wish. The article was written by Osnat Nitay of Afik & Co.
One cannot demand a foreign company debt from a private person who acted on its behalf in Israel
Business, Corporate and Joint Ventures
International Transactions and Dispute Resolution
Dispute Resolution
A provider of software development services demanded that the COO pay the debt of a foreign company with which it contracted. The Court rejected the claim and held that the contract is with the foreign company and the debt cannot be demanded from a private person. A service provider must distinguish between a company – […]
In an agreement that includes an explicit waiver of building rights an implied consent to waive future rights is sufficient
Real Estate
Dispute Resolution
Apartment purchasers in the purchase agreements the right to the building rights “at all times”. The Court rejected the purchasers’ contention that bulding rights that did not exist at the time of purchasing thea ppartments belong to them and determined that the consent in the sale agreement also includes forgoing future building rights. Building rights, […]
Publishing a negative post about a business owner may be considered defamation even if its name is not specifically mentioned
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A customer posted a negative review about a beautician without mentioning her name, but invited women to contact her privately and get her identity. The Court accepted the claim and held that the customer must compensate the business owner for defamatory publication. Israeli law defines defamation as a publication which may humiliate a person in […]
