Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA governmental corporation may not contract a supplier with an exemption from tender when the ability to provide the service is not jeopardized
Public Law, Environment and Tenders
Dispute Resolution
The Israeli Electric Company (IEC) announced that it intends to enter without a tender into a contract with a supplier for the management and operation of a call center, inter alia, due to the expected increase in calls to its hotline. The Court accepted the petition and held that an IEC is obligated to publish […]
It’s a small world after all… or is it?
High-Tech and Technology
Commercial, Banking and Financial
International Transactions and Dispute Resolution
An article on agreements between customers in Israel and companies which provide goods and services in Israel but compel those customers to agree to foreign law in and jurisdiction of distance countries with regard to these agreements.
It is not possible to content “Non Est Factum” when the basic essence of the action that was taken was indeed understood
Commercial, Banking and Financial
Dispute Resolution
A guarantor for a bank loan sought to cancel the guarantees signed by her for the loan granted to her son due to the fact that she does not speak Hebrew at the level required to understand the language of the guarantee and her signature is in the context of “Non Est Factum.” The Court […]
A shareholder who acted as a “straw man” for another person may be personally liable for the company debt
Business, Corporate and Joint Ventures
Dispute Resolution
Goods worth over one million euros were ordered from a company, but the company did not deliver the goods and did not refund the customer. The shareholder and his spouse, who was the actual “living spirit” behing the company, were demanded to repay the funds personally although the shareholder contended that he is recorded as […]
A party who began performing obligations under a contract prior to its execution is entitled to due consideration even if a binding contract was not executed
Commercial, Banking and Financial
Dispute Resolution
For a long period of time, parties negotiated for the provision of services, but this did not result in a binding contract. At the same time as the negotiations took place, some of the services there were to be included in the contract were provided. The Court held that the service provider is entitled to […]
A later agreement which trumps all prior agreements also cancels an arbitration clause in a prior agreement
International Transactions and Dispute Resolution
Commercial, Banking and Financial
Dispute Resolution
A conflict arose between two companies that entered into a contractual relationship. The first agreements executed between the parties included an arbitration clause outside of Israel, but a later agreement stated that Israeli law applies to the agreement, and that the parties agreed to be subject to the exclusive jurisdiction of the competent Courts in […]
A gentlemen and general agreements orally made are not binding if not included in a later written contract
Commercial, Banking and Financial
Dispute Resolution
Shareholders of a company entered into an agreement under which one sold his holdings to the other due to the financially unstable state of the company, with the contract stating that it embodies all the agreements between the parties. Despite this, the seller contended that before the conclusion of the contract, another oral agreement was […]
An heir has no right to the assets included in a will whilst the testator is alive and the testator may do with such asset as he pleases
Wills and Estates
Notarial signature verification
Notarial Powers of Attorney
A woman contended that she suffered damage because she was prevented from receiving an apartment that her grandmother bequeathed to her, due to the fact that the apartment was sold using a notarized power of attorney signed by the grandmother while still alive and demanded compensation from the notary public who authenticated the power of […]
