Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeThe “cy pres” doctrine moderates the consequences of a discrepancy between the wording of the agreement and its actual performance
Commercial, Banking and Financial
Dispute Resolution
Real estate in Israel and around the world
A few days before the transfer of possession of the apartment that was sold, the building collapsed and it was not possible to enter the apartment and hand over possession as stipulated in the sale contract. However, the sale was completed and shortly thereafter, the buyer entered into an evacuation-reconstruction agreement in which she received […]
Recorded condominium bylaws are a “closed contract” and must be interpreted in accordance with its language
Real estate in Israel and around the world
Dispute Resolution
An apartment owner in a condominium demanded that special assessments of a renovation cost will be collected based on the apartment’s relative share in the common property and not in accordance with the provisions of the condominium bylaws, which stipulate that maintenance and management expenses will be paid by an equal distribution method. The Supervisor […]
One who induces a client to trade in the capital market while presenting false representations in bad faith may be personally liable to compensate them.
Business, Corporate and Joint Ventures
Dispute Resolution
A woman traded in the capital market through an Israeli company. The company representatives acted under fictitious identities, presented themselves as certified advisors, promised false “bonuses,” and applied continuous pressure on her to deposit funds while concealing material risks and without a proper license. As heavy losses accumulated and after she requested to withdraw her […]
A contract that has a business rationale and is not unreasonably worse than the norm does not constitute oppression
Commercial, Banking and Financial
Dispute Resolution
A client who contacted a service provider specializing in raising non-bank loans refused to pay the full fees despite undertaking to pay it upon receiving a principal approval / approval for the loan. The Court accepted the supplier’s claim and held that the terms of the engagement were reasonable and that the client should pay […]
A related party transaction that was not duly approved is valid vis-a-vis a third party if did not know about the defect in the approval process
Business, Corporate and Joint Ventures
Dispute Resolution
A company registered a lien in favor of a third party to secure a debt of its controlling shareholder to the third party. The company did not convene a shareholders’ meeting to approve the transaction even though the director had a personal interest in it, but the company made a representation as if the lien […]
In an “heir after heir” provision in a will the first heir is entitled to do with what he received from the estate “as if it were his own.”
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
In a mutual will made by a couple an arrangement was established for heir after heir under which upon the death of one of them, his estate would pass to the surviving spouse and after the death of both spouses the estate will be inherited by their two daughters. Upon the wife’s death, her husband […]
Privacy, DPO and what’s in the Amendment
Privacy, GDPR, Confidentiality and protection of reputation
Data Protection Officer (DPO) Services
High-Tech and Technology
Article on Amendment 13 to the Israeli Privacy Protection Law, which came into effect in August, 2025. The article was written by Adv. Adi Marcus of Afik & Co.
