
Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA bankrupt person cannot file class claims or other proceedings without prior approval of the officer appointed to such person
High-Tech and Technology
Business, Corporate and Joint Ventures
Dispute Resolution
A bankrupt person filed a class-claim against the Afik & Co. law firm, as well as against many other businesses, alleging non-compliance with the website’s accessibility requirement, when he did not make any prior approach and when it was a duplicate lawsuit and when certain businesses had already compromised with him and paid him money […]
The amount of contribution of a spouse to the family’s livelihood may affect his rights in the assets of the other spouse
Domestic Relations
Notarial Prenups
Real Estate
A woman contended that she is entitled to half of all her late husband’s assets, including assets he inherited from his father, pursuant to the presumption of joint ownership which determines an equal division between spouses who maintained a shared lifestyle. The Court held that the woman is entitled to half of the rights in […]
A participation in a joint venture does not grant a right to receive accounts if no partnership relationship existed between the parties
Business, Corporate and Joint Ventures
Dispute Resolution
A college and a private person established a joint venture in which a pest control course was offered at the college. The college financed the course and also undertook to bear the losses, while the person built the course structure. The person contended that he did not receive the profits he was entitled to from […]
An intention to marry may be an indication to lack of a common law marriage status
Domestic Relations
Notarial Prenups
Dispute Resolution
Shortly before her wedding, the to be bride was killed in a car accident. The insurer refused to compensate the spouse. The Supreme Court accepted the insurer’s contention and held that the spouse is not entitled to a common-law spouse status. A condition for the recognition of common-law marriage is the couple’s intention to apply […]
A realtor is not entitled to a brokerage fee if it was not the effective factor in the transaction
Real Estate
Dispute Resolution
Realtors sought a commission of approximately ILS 9 million for a transaction for the sale of a plot in Tel Aviv with an area of approximately 45 dunams, even though the transaction was concluded and executed two years after the negotiations between the sellers and the buyers were terminated. The Court rejected the claim of […]
Antitrust: Can I trust myself to always remain myself ?
Competition
High-Tech and Technology
There are some very acute questions such as: the Maccabi or Hapoel basketball team, coffee or tea, Coke or Pepsi, but for years, one of the most basic question has always been – Apple or Android? If you ask a devoted Apple user, there is nothing like the Apple’s user experience and there is no […]
An employment agreement provision cannot supersede the employee’s right to severance pay
Labor Law and Immigration
Dispute Resolution
In accordance with the provisions of the employment agreement, Beitar Jerusalem football players who were employed under termed contracts did not receive severance pay after their employment agreement was not renewed at the end of their employment term. The Labor Court accepted the employees’ contention and held that the agreement cannot supersedes the provisions of […]
Publishing intimate details in a family WhatsApp group may constitute defamation
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
During divorce proceedings, the wife’s sister published publications that included intimate accusations against the ex-husband in the family WhatsApp group where the couple’s children are also members. The Court accepted the claim. Israeli law defines defamation as something that harms a person’s good name and is intended to humiliate him in the eyes of others. […]
A commercial agreement will be interpreted based on commercial logic and economical plausibility
Real Estate
International Transactions and Dispute Resolution
Commercial, Banking and Financial
An investor in a real-estate project in Mexico was given a personal guarantee from the shareholders that the land is owned by the selling company. Following legal proceedings in Mexico, it turned out in hindsight that the real owner of the land was a third party and the selling company lost its rights to the […]