The burden of proving the classification of the transfer of money (loan or gift), when special rapport exists, rests with the plaintiff

A Seller of rights in a plot (acquired from a receiver) undertook to complete the recording of the rights in his name within 40 days but the recording was affected only after six years.  The purchasers demanded the full liquidated damages stipulated in the contract (ILS 150,000), which constituted approximately 28% of the transaction value. […]

Upon the couple’s separation, the husband’s mother demanded the repayment of funds she provided for the purchase of their joint apartment, contending that the transaction was a loan and that a loan agreement had been signed with the son during the marriage. The Court found that the funds constituted a gift.  Under Israeli caselaw, funds […]

Holders of rights of residential units in a luxury hotel demanded the hotel owners to appoint an internationally renowned management company to manage the hotel as well as refrain from raising the management fees. The Supreme Court held that the agreement is a closed agreement and there is no reason to obligate or prevent the […]

Upon demise of the father, one of his sons requested that he and his wife be recognized as the owners of the father’s farm, by virtue of his appointment as “continuing son” by the father, an appointment that was approved by the agency and the agricultural association, even though the father’s will divided the estate […]