Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeParties bound by an agreement with a condition precedent must act positively for its fulfilment
Real Estate
Commercial, Banking and Financial
Dispute Resolution
A potential tenant did not act with sufficient diligence to enter into a lease agreement with the landlord and thus, in practice, prevented the fulfilment of the condition precedent in the agreement between it and the current tenant. The Court accepted the claim due to consummation of the agreement in bad faith. An agreement with […]
Substantial evidence of parties’ contractual intent can “compensate” for certain deficiencies in the specificity requirement
Commercial, Banking and Financial
Dispute Resolution
Real Estate
Two parties to a real estate dispute signed a memorandum of understanding in preparation for a settlement agreement. The Supreme Court found that the contract is binding as the cumulative requirements of intent and specificity were met. Parties’ intent to form a binding contract which can be concluded from the existence of two main elements: […]
Litigate Like a Black Belt
Dispute Resolution
International Transactions and Dispute Resolution
An article on the application of principles of the Brazilian Jiu-Jitsu (BJJ) in the management of Court proceedings. The articles was written by Yair Aloni, Adv., a litigation partner in the office of Afik & Co. and a practitioner of BJJ since 2018.
In determining the reasonableness of the period to perform a condition precedent in the contract, developments after its execution will also be considered
Real Estate
Commercial, Banking and Financial
Dispute Resolution
A lessor entered into an agreement with a condition precedent for which no fulfilment date was stipulated. The lessor discovered that the other party had thwarted the fulfillment of the agreement and this before a reasonable time for the fulfilment of the condition precedent had passed. The Court found that the agreement had been breached […]
A person who is not consider an insider but receives insider information from an insider may also be deemed to have used insider information
Capital Markets and Stock Exchange Regulations
Dispute Resolution
A person who invested in a public company received insider information from the company’s CEO and used the information to reduce his losses in the company’s IPO. The Court convicted that person based on his admission of use of insider information, while reducing his sentence because the use was made for the purpose of reducing […]
Receiving messages from a dating site against the will of the recipient does not necessarily amount to defamation
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A lawyer received offers that men were interested in getting to know her against her will, including to her professional email address, from an anonymous dating website to which she did not register and even requested to remove herself from. The Court held that sending the messages does not amount to defamation. Israeli law stipulates […]
A lessee of a commercial property who unilaterally offsets its expenses from the rent may be deemed in breach of the agreement
Real Estate
Dispute Resolution
A lessee unilaterally offset the cost of installing a central air conditioning system from its rent, contrary to the provisions of the lease agreement that prohibits this. As a result, the lessee was demanded to vacate the leased property. The Court accepted the eviction claim and held that the lessee breached the lease agreement and […]
A person who has the most affinities to an asset may be liable to city taxes even if he is not the possessor of the asset
Taxation and Government Incentives and Funding
Dispute Resolution
Wills and Estates
A municipality recorded a person as the owner of his deceased mother’s property despite the absence of a probate order while stating that he has the most affinities to the property. When the city tax debts were not paid, the municipality-imposed a lien on his bank account. The Court rejected the claim for damage due […]
