
Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeIn a claim that was classified as SLAPP, the amount of expenses awarded will be directly proportional to the amount claimed
Privacy, GDPR, Confidentiality and protection of reputation
An administrator of a public protest group on Facebook regarding access to the Ha’Assi Stream was sued for a colossal compensation by Kibbutz Nir David as part of a defamation lawsuit, which primarily focused on things published by others in the group managed by him. The Court dismissed the motion for dismissal in limine, due […]
Whose line is this Any way?
Privacy, GDPR, Confidentiality and protection of reputation
An article on the subject of the liability of an internet platform operator for copyright infringement by users of the platform. The article was written by Adv. Adi Marcus of Afik & Co.
Will provisions in a situation of heir after heir shall be canceled in favor of the second heir if passed before the date of his entitlement
Wills and Estates
Dispute Resolution
A woman inherited her husband’s estate when his will contain a provision for heir after heir, stating the wife as the first heir, followed by the deceased’s brother. In her will, the wife bequeathed to her niece, but upon her passing it turned out that the brother had passed before her. The brother’s daughter contended […]
Yards in a house that is not recorded as a condominium may not be divided
Real Estate
Dispute Resolution
An agreement regarding the sharing of a land that was not recorded as a condominium was executed between parties One of the parties contended that the yards on the land should also be divided equally between them. The Court held that the yards must remain a shared property. Israeli law stipulates that in a house […]
Selling an ‘apartment’ knowingly it was built without a lawful building permit and without mentioning this fact in the agreement may be deemed fraud
Real Estate
Dispute Resolution
A person purchased an “apartment” but in retrospect it became clear to him that from a planning perspective it was an area that constituted a sealed space on the foundation floor and that the apartment did not have a legal building permit. The purchaser sought damages from both the seller and the lawyer who accompanied […]
Restricting a partner from moving the Court to dissolve the partnership requires express consent or intention to do so
Business, Corporate and Joint Ventures
Dispute Resolution
25 of the 69 limited partners in an Israeli limited partnership that holds a string of rights in an income-producing property in Germany demanded the general partner to dissolve the partnership. The limited partner objected, contending that the partnership agreement contains a closed list of cases in which the partnership may be dissolved. The Court […]
Where one of a married couple dies without a will the other will inherit his share of the estate regardless of the nature of their relationship.
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
A married couple signed a separation agreement that stated that each had no financial claims against the other, but despite this they remained married and did not officially divorce. The husband passed without leaving a will. The Court accepted the motion of the wife to inherit her past-spouse due to the existence of a marital […]
A decision to disqualify a bidder in a tender due to a concern of a conflict of interest without a prior discussion of alternatives to neutralize the concern will be canceled
Public Law, Environment and Tenders
Dispute Resolution
The tenders committee disqualified a bidder due to a concern of a conflict of interest, without discussing the possible alternatives for neutralizing the alleged conflict of interest. The Court for Administrative Affairs accepted the bidder’s petition and ordered the cancellation of the tenders committee decision and the reversion of the hearing to the tenders committee […]
Restriction on the freedom of occupation in a lease agreement is in contradiction of public policy
Labor Law and Immigration
Real Estate
Dispute Resolution
A former bakery worker entered into lease agreements with the bakery owners, in which he undertook not to sell baked goods made by him in the local council and its environs for an extended period of time after the end of the lease. The Court accepted the motion and held that the tenant may sell […]