Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeIn the absence of informed consent and mutual benefit, an employee’s consent to shorten the statute of limitation period will not be enforced
Labor Law and Immigration
Dispute Resolution
An employment contract limited an employee’s right to file claims against the employer for a period of 6 months. The National Labor Court held that an agreement to shorten the limitation period without any real benefit to the employee is against public policy and is therefore void. Israeli law allows the parties to agree between […]
An assignment of right can be limited when the identity of the debtor is important or when the assignment may materially harm the other party
Commercial, Banking and Financial
Dispute Resolution
The owner of an insurance company and an insurance agent entered into an agreement to use the agent’s number for the purpose of selling insurance policies and handling customers while dividing the profits between them. After the owner assigned his rights under to the agreement the insurance agent stopped sharing in the profits arising from […]
A written document containing material details may be recognized as a real estate sale agreement even if it has not been signed
Real Estate
Dispute Resolution
After the demise of a man his wife discovered that ownership of a plot of land that he had purchased from his cousins had not been recorded. The cousins refused to sign the agreement even though the consideration was paid. The Court held that the land ownership was transferred due to the existence of a […]
A lessee who continues to live in a rented property despite ‘defects’ and does not act to reduce its damage may lose its right to damages
Real Estate
Dispute Resolution
A lessee who vacated the apartment two and a half months after the rental period had already ended moved the Cout to reduce 20% of the rent due to an ‘insect attack’ that prevented him from making reasonable use of the apartment. The Court rejected the lessee’s claim and ordered him to pay the lessor […]
The right of first refusal in a real estate joint tenancy agreement will remain in effect even after the expiration of five years from the signing thereof
Real Estate
Dispute Resolution
A co-owner in a real estate property, after 17 years put his right in the property for sale to a third party, even though in the partnership agreement the other co-owners were granted a right of first refusal. The Supreme Court held that the right of first refusal, being a proprietary right, does not expire […]
On holding shares in escrow and a notarized escrow agreement
Trusts
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Business, Corporate and Joint Ventures
In 1970, a man transferred the shares in two companies to his children, but in practice he continued to manage the companies and withdraw the full dividends from them, which led to a divorce dispute that began in 2000 and ended after the demise of both spouses only by a Supreme Court of Israel ruling […]
An unclear foreign jurisdiction clause in a contract or ambiguous language thereof will lead to its annulment
Commercial, Banking and Financial
International Transactions and Dispute Resolution
Dispute Resolution
An Israeli company, insured by a foreign insurance company filed a claim in Israel against the insurer for breach of the insurance contract, despite a foreign jurisdiction clause included in the insurance policy. The Court rejected the insurer’s contention and held that as the implementation of foreign jurisdiction clause necessitates an interpretative process – it […]
Stock Exchange regulations may withdraw from the need to sell a company’s shell in order to pay its creditors
Capital Markets and Stock Exchange Regulations
Business, Corporate and Joint Ventures
Dispute Resolution
A company sought that the Tel Aviv Stock Exchange (TASE) will not declare it as a shell company so that it could sell its shell in order to pay its creditors from the sale proceeds, because this would mean the reduction of trading on the TASE and the loss of the value of the company’s […]