Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeIn the absence of a will setting otherwise common-law spouses inherit from each other as married spouses
Common-Law Marriages Agreements
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
A woman passed without a will, having been unmarried but lived with a couple for over 20 years. The Court found that the couple is a common-law spouse for purpose of inheritence. The Israeli Inheritance Law stipulates that in the absence of a contrary will, common-law spouses inherit from each other as married spouses. For […]
“Football is played from Saturday to Saturday” and players’ salary includes weekly rest indemnity and the off-season is considered vacation utilization
Sports Law
Labor Law
Dispute Resolution
Two Israeli Premier League football players demanded from their teams, after their employment ended, payment for weekly rest indemnity on Saturdays, and redemption of vacation days. The Labor Court held that the clubs do not need to pay for weekly rest indemnity and vacation redemption. Generally, the Israeli Wage Protection Law prohibits a salary that […]
Withdrawing a bid after being declared the winner may grant the tender committee the authority to forfeit the bid guarantee
Public Law, Elections Law and Tenders
Dispute Resolution
A bidder that won an Israel Land Authority tender for a lease of a plot withdrew its bid, contending that essential information regarding the scope of building rights had been concealed. The tender committee forfeited ILS 400,000 of the bid guarantee (approximately 25% of the total guarantee). The Court rejected the petition and held that […]
When a contract cannot be performed exactly as written, the Court may order its performance by approximation
Real estate in Israel and around the world
Dispute Resolution
A person purchased a specific plot within a parcel that was held in joint ownership (Musha), without a partition process having been conducted therein. As the seller was not entitled to sell a specific portion of the parcel, it was impossible to enforce the agreement literally and record the particular plot in the purchaser’s name. […]
When Privacy Compliance Becomes a Personal Risk for the Board and CEO!
An article discussing the importance of appointing a Data Protection Officer (DPO) following Amendment 13 to the Israeli Privacy Protection Law, even when the corporation is not legally required to do so. The article was written by Adv. Osnat Nitay of Afik & Co.
Personal responsibility cannot be played on a CEO through piercing of the corporate veil if he is not an actual shareholder.
Labor Law
Business, Corporate and Joint Ventures
Dispute Resolution
The widow of a company employee sought to sue the company and its CEO, who she contended to be a hidden controlling shareholder, after pension contributions were not made for the employee during his employment period. The Court held that the corporate veil cannot be pierced and that personal liability should not be imposed on […]
Absent of explicit reservation by the maritime carrier on the bill of lading constitutes prima facie evidence that the cargo was in good order and condition upon delivery
Maritime, Aviation and Transportation Law
Dispute Resolution
Amidst the discharge of an oil cargo in Israel, contamination by foreign agents was revealed, thereby depreciating its value. The cargo owners contended that the maritime carrier is liable for such contamination, predicated upon the clean pre-loading laboratory reports and the clean bill of lading, wherein the carrier confirmed the cargo is “in apparent good […]
