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June 30, 2024
A shareholder who acted as a “straw man” for another person may be personally liable for the company debt
Business, Corporate and Joint Ventures
Dispute Resolution
Goods worth over one million euros were ordered from a company, but the company did not deliver the goods and did not refund the customer. The shareholder and his spouse, who was the actual “living spirit” behing the company, were demanded to repay the funds personally although the shareholder contended that he is recorded as […]
June 26, 2024
It is not possible to content “Non Est Factum” when the basic essence of the action that was taken was indeed understood
Commercial, Banking and Financial
Dispute Resolution
A guarantor for a bank loan sought to cancel the guarantees signed by her for the loan granted to her son due to the fact that she does not speak Hebrew at the level required to understand the language of the guarantee and her signature is in the context of “Non Est Factum.” The Court […]
June 23, 2024
A later agreement which trumps all prior agreements also cancels an arbitration clause in a prior agreement
International Transactions and Dispute Resolution
Commercial, Banking and Financial
Dispute Resolution
A conflict arose between two companies that entered into a contractual relationship. The first agreements executed between the parties included an arbitration clause outside of Israel, but a later agreement stated that Israeli law applies to the agreement, and that the parties agreed to be subject to the exclusive jurisdiction of the competent Courts in […]
June 19, 2024
A gentlemen and general agreements orally made are not binding if not included in a later written contract
Commercial, Banking and Financial
Dispute Resolution
Shareholders of a company entered into an agreement under which one sold his holdings to the other due to the financially unstable state of the company, with the contract stating that it embodies all the agreements between the parties. Despite this, the seller contended that before the conclusion of the contract, another oral agreement was […]
June 16, 2024
A party who began performing obligations under a contract prior to its execution is entitled to due consideration even if a binding contract was not executed
Commercial, Banking and Financial
Dispute Resolution
For a long period of time, parties negotiated for the provision of services, but this did not result in a binding contract. At the same time as the negotiations took place, some of the services there were to be included in the contract were provided. The Court held that the service provider is entitled to […]
June 10, 2024
An heir has no right to the assets included in a will whilst the testator is alive and the testator may do with such asset as he pleases
Wills and Estates
Notarial signature verification
Notarial Powers of Attorney
A woman contended that she suffered damage because she was prevented from receiving an apartment that her grandmother bequeathed to her, due to the fact that the apartment was sold using a notarized power of attorney signed by the grandmother while still alive and demanded compensation from the notary public who authenticated the power of […]
June 10, 2024
An apartment tendered to the purchaser with defects that affect the comfort of living only is not deemed an apartment that was not tendered
Real Estate
Dispute Resolution
A contractor tendered apartments to the purchasers and they were used for their residences for over a decade, during which entire period the apartments were connected to electricity, but the electricity supply through the Israeli Electric Company was regulated only after a decade. The purchasers considered the whole period as a delay in the delivery […]
June 10, 2024
Representation that were not included in a contract may be deemed waived
Commercial, Banking and Financial
Dispute Resolution
Two experienced businessmen, who entered into an agreement to separate their assets, discovered that representations presented to each of them by the other party regarding the company that passed into his possession, prior to the execution of the separation agreement, but were not put into the agreement are incorrect. The Court rejected the mutual claims […]
June 10, 2024
A local authority that received government funds for the performance of a supplier’s activity and pocketed it will pay the supplier
Privacy, GDPR, Confidentiality and protection of reputation
Public Law, Environment and Tenders
Dispute Resolution
A local authority reneged on its obligations towards a supplier, which provided services and equipment in the field of implementing educational enrichment programs in schools between the years 2017 – 2019 without a written contract duly signed by the authorized signatories, including the Ministry of the Interior appointed accompanying accountant. Support funds received by the […]
June 9, 2024
A governmental corporation may not contract a supplier with an exemption from tender when the ability to provide the service is not jeopardized
Public Law, Environment and Tenders
Dispute Resolution
The Israeli Electric Company (IEC) announced that it intends to enter without a tender into a contract with a supplier for the management and operation of a call center, inter alia, due to the expected increase in calls to its hotline. The Court accepted the petition and held that an IEC is obligated to publish […]
June 9, 2024
A security check which details were completed after a decade from the date the check was handed will not be honored
Commercial, Banking and Financial
Dispute Resolution
A lender was given a check to secure a loan. The lender completed the date on the check and attempted to cash it approximately 10 years after the check was handed and approximately 7 years after the loan was defaulted but the check bounced due to the closing of the account from which it was […]
June 3, 2024
When examining the question of oppression of a shareholder in a company, the conduct of the party contending oppression will also be reviewed
Business, Corporate and Joint Ventures
Dispute Resolution
A private company has not held board meetings or sent reports to its shareholders for over a decade. The Court rejected the minority shareholders’ contention for oppression in light of the lack of harm to their legitimate expectations to participate in the management. A conduct will be classified as ‘shareholders oppression’ if it harms the […]
June 1, 2024
It is possible to hold international insolvency proceedings in Israel and to recognize a foreign official as an official in Israel
Business, Corporate and Joint Ventures
International Transactions and Dispute Resolution
Dispute Resolution
An official in a bankruptcy proceeding in Australia requested to recognize the proceeding in Israel in order to trace all of the debtor’s assets in Israel, and to receive complete information and documents, including from third parties, due to the suspicion that the debtor intends to smuggle a residential apartment he owns. The Court recognized […]
May 30, 2024
Changing an agreement by behavior requires the same contractual agreement as concluding a new agreement
Commercial, Banking and Financial
Dispute Resolution
Parties entered into a contract, for the provision of a bank guarantee for several years in exchange for a monthly consideration for the entire period of the guarantee. The contract also stipulates that it will end upon the return of the guarantee. Prior to the expiration of the guarantee, the parties extended the period of […]
May 29, 2024
Actions of an agent will not obligate its principal when the other party should have known that it was carried in deviation from authority
Commercial, Banking and Financial
Dispute Resolution
Borrowers who entered into a loan agreement were surprised to discover that the agent appointed by them to sign the agreement, which had already been drawn up with the lender, signed additional annexes without their approval, in which, in addition to the consideration stipulated in the agreement, a transfer of rights in many properties was […]
May 27, 2024
When an apparent contract reflects the parties’ intention it shall not be canceled even if it entails inaccurate facts
Business, Corporate and Joint Ventures
Commercial, Banking and Financial
Dispute Resolution
Investors in a company contended that the share purchase agreement was an apparent contract because it hid the fact that the company allocated to one of the shareholders against a shareholders loan. The Court rejected the claim and stated the contract is not an apparent one. A contract entered into for appearance is a contract […]
May 16, 2024
A middleman is not entitled to commission for that part of the transaction made after expiry of the tail period of the middleman agreement
Commercial, Banking and Financial
Dispute Resolution
A seller in a transaction for a sale of a company refused to pay the middleman for exercising the purchaser’s unilateral option to purchase the remainder of the company’s shares, even though the terms of the option appeared in the purchase agreement concluded through the brokerage of the middleman, including because of the fact that […]
May 15, 2024
A bank that uses customer documents as an “example” for use by others infringes upon the customer’s right to privacy
Commercial, Banking and Financial
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A bank took documents given to it by customers, which included their personal details, for their private needs and used them by handing them over to other customers in order for them to be used as sample documents in the procedure of assigning apartments to all kibbutz members as part of the mortgage procedure. The […]
May 15, 2024
The limits of freedom of expression are wider in reference to criticism directed at a public figure, than at a private person
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
The mayor of Ramla filed a lawsuit against several of the city’s residents for posts that were published on Facebook and which allegedly constitute defamation. The Court rejected the lawsuit and determined that the residents have the defense of voicing the truth. A post on social networks can constitute a publication for the purpose of […]
May 13, 2024
An organ in a company cannot be both liable because of its position and independently
Business, Corporate and Joint Ventures
Dispute Resolution
People who entered into transactions with a company contended that a director was liable to them for failed transactions – once by virtue of her position as a director, and once personally for her actions. The Court rejected the claim. Israeli law stipulates that a company is liable for an action performed by its organ. […]
May 13, 2024
A joint right is created when there is an integration between the original product of the customer and the joint work product
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A company that provided services to the State of Israel contended that the State infringed upon its copyrights in the products that are deemed its intellectual property, after the end of the term of the agreement. The Court rejected the claim and determined that no copyright was breached. In order for a work to be […]
May 10, 2024
Tagging on Facebook may be deemed defamation
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A person published defamatory posts on Facebook about several people in connection with franchise services, inter alia by implying that they are involved in fraudulent activities. Furthermore, the person tagged their names in the posts. The Court held that the posts amount to defamation. Defamation is defined as something the publication of which may humiliate […]
May 9, 2024
Publishing defamation out of a personal belief that it is true does not by itself absolve the publisher from liability
Privacy, GDPR, Confidentiality and protection of reputation
Dispute Resolution
A council member of a local authority published a post on Facebook in which he criticized an inspector in the local planning and construction committee, attributing to him a corrupt conduct, believing that he acted on behalf of political parties in order to file an indictment against him for construction irregularities he had carried out. […]
May 9, 2024
A gift agreement will be voided if the contracultural intent requirement has not been met, even if the transaction was completed
Real Estate
Dispute Resolution
Commercial, Banking and Financial
An elderly woman who signed contracts to transfer her rights in apartments as a gift to her daughter sought withdraw from it, even though the transfer of rights had been completed. The Court accepted the motion due to the lack of contractual intent on the part of the elderly woman. While, similar to a standard […]
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