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October 7, 2024
A notarial will requires a non-Hebrew speaking testator to receive a translation to a language he understands
Notarial wills and testaments
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
A deaf-mute person who does not speak official sign language signed a will without having it properly translated by a sign language interpreter in a manner consistent with his understanding. The Court canceled the will due to defects in its drafting. Israeli law requires a notary who prepares a document for the signature of a […]
September 27, 2024
Publishing instructional videos for hacking a blocked website shall constitute a copyright breach
Copyright, Trademarks Media and Artists
Dispute Resolution
A website operator on the YouTube channel uploaded videos explaining how to access to “Sdarot” website, where links are uploaded for illegal direct viewing of the works, in which he instructed the public on how to circumvent the instructions of the blocking orders issued by the courts in Israel and the USA regarding the copyright […]
September 22, 2024
In order to be able to claim expectation compensation in addition to liquidated damages this must be explicitly stated in the agreement
Business, Corporate and Joint Ventures
Dispute Resolution
A tender holder sought to receive expectation damages, which are damages in the amount of profit had the agreement been enforced, from a tender winner who breached its obligations under the tender, even though it had already forfeited the bank guarantee that the tender winner had provided. The Supreme Court rejected the tender holder contention […]
September 22, 2024
An entrepreneur may be entitled to tax relief if he builds an area intended for renting residential apartments
Real Estate
Taxation and Government Incentives and Funding
Dispute Resolution
A construction entrepreneur contended that it is entitled to a tax benefit in relation to the entire area of the building that has been approved as a new building for residential rent, and not only in relation to the part of the building intended for rent. The Supreme Court held that the entrepreneur is entitled […]
September 20, 2024
An occupation restriction clause shall be valid only if it is justified
Labor Law and Immigration
Dispute Resolution
An employer contended that a former employee breached an employment restriction clause by moving to a competitor and taking with him commercial secrets. The Court dismissed the claim due to the lack of a valid non-compete contractual obligation. An employment restriction clause will be valid in four cases and depending the employee’s position: There is […]
September 17, 2024
A will made under unfair influence of one of the heirs shall be deemed invalid
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
A couple drafted a mutual will, in which it was set that when one of them passed away, the other would inherit him, and upon his demise, their 8 common children would inherit. When the husband passed away, one of the sons took advantage of the distance of the other children and the mother being […]
September 17, 2024
Generally who did not execute a bill of lading shall not be entitled to receive a lien on a vessel that caused damage to the cargo
Maritime, Aviation and Transportation Law
Dispute Resolution
An importer of oils contended that the ship’s owner is responsible for the damage caused due to a malfunction in the loading of the cargo, which caused the ship to transport only part of the cargo and therefore it is entitled to arrest the ship until the debt is paid. However, the bills of lading […]
September 17, 2024
A party conducting negotiations in bad faith may bear the negotiations costs and the lost of profits
Commercial, Banking and Financial
Dispute Resolution
A party to negotiations announced only four hours before the date of signing an agreement to operate a fuel station, that it had not found any partners and therefore withdraws his intention to enter into the agreement. The fuel supplier sought damages of over ILS 1.5 million because during the negotiations there was a clear […]
September 17, 2024
When a middleman does not act transparently the other party to the agreement may promote a transaction through another
Commercial, Banking and Financial
Dispute Resolution
International Transactions and Dispute Resolution
Two parties entered into an agreement for cooperation for the purpose of supplying medical equipment to the Hungarian government. However, after a preliminary conversation, the middleman made it clear to the party that “Hungary became obsolete”. The equipment supplier turned to another middleman and communicated through it with the Hungarian government despite a non-circumvention clause […]
September 15, 2024
A seller who should have suspected a defect and did not notify the purchaser thereof may be liable for compensation
Real Estate
Dispute Resolution
A couple purchased an apartment in a condominium with structural defects, which led to the collapse of a support column and the declaration of the building as a dangerous structure, shortly after handing over possession of the apartment. The sellers did not know about the structural defects, as the apartment was rented all these years […]
September 6, 2024
If there is a doubt an employment agreement will be deemed for an indefinite term
Labor Law and Immigration
Dispute Resolution
At the end of the employment period specified in the agreement, a human resources company ceased to employ a pregnant employee without applying for a work termination permit. The Labor Court accepted the employee’s contention for unlawful termination after determining that the employee was employed for an indefinite period. Israeli law prohibits an employer from […]
September 4, 2024
A memorandum of understanding for the sale of a residential house that does not include essential details for the transaction shall not be enforced
Real Estate
Dispute Resolution
Parties signed a memorandum of understanding (MOU) for the sale of a luxury house in Caesarea, in the amount of ILS 11 million (in which there is many valuable items), subject to signing an agreement. An agreement was never signed and the potential purchasers demanded to enforce the MOU, which they contending to be a […]
August 28, 2024
A signatory to a document will be deemed to have understood and agreed to the contents even if such were written in a language he does not understand
Commercial, Banking and Financial
Dispute Resolution
International Transactions and Dispute Resolution
Israeli investors entered into an investment agreement in a Mexican company for the purpose of promoting a real estate project in Mexico. The agreement was written in English while the appendices attached thereto were in Spanish. The Court determined that the language in which the documents were written cannot serve to release the investors from […]
August 28, 2024
A minority shareholder will not be entitled to a veto if he lacks the skills to manage the company
Business, Corporate and Joint Ventures
Dispute Resolution
A shareholder in a company contended oppression by the other shareholders and demanded to have a right of veto in the board of directors in order to prevent its continuation and transfer all the powers of the board to him, even though he had never been involved in the company’s affairs and lacks to skills […]
August 26, 2024
In a derivative suit at a public company the demand for a non-Israeli company claimant to file security for costs will be more lenient
A foreign company which is a shareholder in an Israeli public company sought to file a derivative suit on behalf of the company which aledgedly compromised in a settlement not in the best interests of the Israeli company. The Supreme Court rejected the motion of the Israeli company for the foreign corporate claimant to deposit […]
August 23, 2024
Entitlement to brokerage fees arises only when the client signed all documents and the broker was the efficient factor in the transaction
Real Estate
Commercial, Banking and Financial
Dispute Resolution
A real estate broker demanded from property buyers payment of brokerage fees, relying on a partial exclusivity agreement that was executed between them several years before the transaction took place, but beyond this he did not contribute anything. The Court rejected the claim and determined that the exclusivity agreement executed between the parties is invalid. […]
August 21, 2024
A contractor is not allowed to demand from apartment purchasers within the framework of the “Mehir Lamishtaken” program linkage differences contrary to the contract
Real Estate
Dispute Resolution
Purchasers of an apartment as part of the “Mehir Lamishtaken” governmental housing program were required to pay additional linkage differences in the amount of approximately ILS 15,000 as a precondition for receiving the apartment, after the contractor become aware that the base index specified in the contract with the purchasers is incorrect and does not […]
August 18, 2024
In the absence of a written agreement a relator is not entitled to brokerage fee even when the client is a business
Real Estate
Dispute Resolution
Realtors sought to receive a brokerage fee for real estate brokerage services they provided to the Chinese embassy in purchasing of real estate, all despite the absence of a written brokerage fee agreement. The Court dismissed the relators claim due to the absence of a written brokerage fee agreement. A realtor will not be entitled […]
August 18, 2024
A contractor will not receive damages due to the termination of a contract with it signed due to withholding the fact that he is not registered
Real Estate
Dispute Resolution
A contractor, who is not registered in the Register of Contractors, entered into a contract to perform construction, demolition and house building works. The agreement with the contractor was terminated a few days after the start of the work and the contractor sought, inter alia, damages for the profit that was expected as a result […]
August 15, 2024
When company management avoids filling a lawsuit for invalid reasons shareholders may sue on behalf of the company
Business, Corporate and Joint Ventures
Dispute Resolution
Shareholders in a public corporation sought disclosure of documents in order to consider filing a lawsuit on behalf of the company against the corporation’s management company, for the purpose of recovering the management fees. The Court accepted the motion and determined that in certain cases a shareholder may file a claim on behalf of the […]
August 15, 2024
When the board of directors opposes a lawsuit in the company’s name a shareholders may have a right to sue on its behalf
Business, Corporate and Joint Ventures
Dispute Resolution
A shareholder sought to sue a management company in the company’s name because he contended that the agreement with it was unduly extended and later ratified by the company’s board of directors. The shareholder did not contact the board of directors before filing the claim. The Court held that the shareholder may sue on behalf […]
August 12, 2024
A mutual will that includes “an heir after an heir” provision may not be changed upon the death of one of the testators
Wills and Estates
Intergenerational Law (Trusts, Estates, Lasting Powers of Attorney, Parenting)
Dispute Resolution
Spouses drafted a mutual will which included an arrangement under which upon the demise of one, or both at the same time, the next in line to inherit the estate would be their three children in equal parts. After the husband death the wife drafted a new will in which she set an unequal division […]
August 12, 2024
Trust relations and power gaps between parties to negotiations for investment in a company obligate full disclosure of information
Mergers and Acquisitions
Business, Corporate and Joint Ventures
Commercial, Banking and Financial
A woman entered into an allocation agreement of shares in a company purchased by an experienced businessman in whom the woman trusted in light of his experience. However, the businessman did not disclose to her all the information regarding the consideration paid for the company shares. The Court held that woman was presented with false […]
August 11, 2024
Even if all international transactions documents were in Hebrew an Israeli Court may refuse to handle a dispute
International Transactions and Dispute Resolution
Dispute Resolution
An Israeli entrepreneur was surprised to discover that Israeli investors with whom he had conducted advanced negotiations for the joint purchase of real estate in Greece had purchased it themselves, contrary to their statements to him and the agreement between him and the Greek property owner. The Court accepted the investors’ motion to strike-out the […]
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