Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeAnother Article on BiBi – Whose profile is this anyway?
Privacy, GDPR, Confidentiality and protection of reputation
High-Tech and Technology
Bibi is a justice fighter, a defender of civil rights, a knight of freedom of expression, but he is also a fictitious character that exists only in cyberspace and is not based on any real character, just like AA who preceded him, and CC, DD, EE and FF, who will come after it. So who […]
One who signs an agreement without reading it carefully may not later contend not to have understood what he signed
Commercial, Banking and Financial
Dispute Resolution
A customer who signed up for the enrichment course unilaterally stopped his participation and refused to pay the balance of the tuition due to alleged misleading regarding the nature of the course. The Court accepted the claim and obligated the customer to pay its due as he did not even bother to read the agreement […]
Unnecessary, literal interpretation in performance of a contract will entitle the harmed party compensation even if it breached the contract regardless thereof
Real Estate
Commercial, Banking and Financial
Dispute Resolution
A seller in an option agreement for the purchase of real estate insisted on the lack of a literal commitment, on its part, to cooperate with the potential buyer. The Court accepted the potential buyer’s contention that the seller had consummated the agreement in bad faith. While the principle of good faith in the consummation […]
A person who did not run a joint household with the deceased at the time of death is not entitled to be considered as a common-law spouse
Common-Law Marriages Agreements
Wills and Estates
Dispute Resolution
A father of 7 children bequeathed all his property to one of his daughters, but a woman objected to the probation of the will on the grounds that she had been his common-law spouse for 17 years and is entitled to half of his property and rights. The Court rejected the objection to the probate […]
Yahoo Finance: SMX (Security Matters) PLC Announces Pricing of $2.9 Million Public Offering
Capital Markets and Stock Exchange Regulations
Publication about the raising of USD2.9 million Dollars on NASDAQ by SMX (Securities Matters), which is handled by the office of Afik & Co., and which the firm participated in writing the F1 and the pertinent agreements together with the New York law firm of Ruskin Moscou Faltischek, P.C. (https://rmfpc.com/) attorneys Stephen E. Fox and […]
Checks traded over to a bank will be honored even if no consideration has been received for such
Commercial, Banking and Financial
Dispute Resolution
A retail fashion chain provided 34 marketable postdated checks in the amount of over ILS 4 million to an importer for goods to be received. The checks were deposited in the importer’s bank, but the importer’s business subsequently collapsed and the retailer canceled the checks whic due date has not yet arrived due to failure […]
A shareholders agreement will bind its signatories despite the provisions of the articles of association of the company
Business, Corporate and Joint Ventures
Dispute Resolution
After differences of opinion emerged between three shareholders in a company who also serve as directors of the company, two adopted a resolution according to which the company would file a lawsuit against the third, despite the founders agreement which stated that all resolutions should be made unanimously. The Court held that the lawsuit should […]
It is the land owner’s duty to prevent zoning violations on its property regardless of the authority’s conduct
Real Estate
Dispute Resolution
A land owner was held accountable for zoning violations committed by the lessees of the property. The Court held that the land owner is criminally liable because it did not do everything in its power to prevent the prohibited use of the land by the lessees. Israeli law imposes on a land owner the responsibility […]
The protection of copyright in computer software also protects the design and software requirement specification and not just the source code
Copyright, Trademarks Media and Artists
Labor Law and Immigration
Dispute Resolution
A company that owns software of auxiliary programming services for mainframe computers discovered that a former employee begun competing with it by using a similar software. The Labor Court accepted the claim for copyright infringement by copying. Although the copyright protection of computer software derives from its definition as a literary work, this does not […]
