Posts by Doron Afik

Restricting a partner from applying to the court to dissolve the partnership requires express consent or intention to do so

News
25 of the 69 limited partners in an Israeli limited partnership that holds a series of rights to a yielding property in Germany demanded that the general partner dissolve the partnership. The general partner objected, arguing that the partnership agreement includes a…

Tomorrow, I will be so far away – Enduring Power of Attorney for a Nursing Patient

News
A relatively young and generally healthy person has been diagnosed with a serious illness, his physical condition has deteriorated rapidly, and he has been diagnosed as terminally ill. Can he insist on staying at home during his final days and not spending…

Restricting freedom of occupation in a rental agreement contradicts public policy

News
A former bakery employee entered into lease agreements with the bakery owners, under which he undertook not to sell baked goods made by him in and around the local council premises for an extended period after the lease expired. The court accepted…

It is not possible to divide the yards in a house that is not registered as a condominium

News
A partnership agreement was signed between parties on land that was not registered as a condominium. One of the parties claimed that the yards on the land should also be divided equally between them.

In the absence of reasonable cause, a bank is obligated to grant credit to a customer.

News
An elderly man, accompanied by his grandson, arrived at the bank branch where his account is held to request a bank guarantee. The bank refused his request and even canceled his credit card due to a lack of sufficient collateral and because…

A shareholder may be included in the company’s arbitration proceedings even if he is not a party to the arbitration agreement.

News
Owners of joint real estate rights and a company whose job it is to manage the project and advance the interests of the partners in the real estate are conducting an arbitration process, by virtue of an arbitration clause in the management…

The will provisions of an heir after an heir are revoked in favor of the second heir in the event that he dies before the date of his inheritance

News
A woman inherited her husband’s estate when his will contained a provision for heir after heir, according to which she was the first heir, followed by the deceased’s brother. In her will, the woman bequeathed to her niece, but upon her death…

In a claim that was revealed as a claim for estoppel, the amount of expenses awarded will be directly proportional to the amount claimed

News
Kibbutz Nir David sued the administrator of a public protest group on Facebook regarding access to the Hasi Stream, as part of a defamation lawsuit that was primarily based on things posted by others in the group he managed. The court rejected…

Selling an ‘apartment’ knowing that it was built without a legal building permit and without mentioning this fact in the agreement may be considered fraud

News
A man purchased an “apartment” but later discovered that from a planning perspective, the area in question was a sealed space on the basement floor and that the apartment did not have a valid building permit. The buyer demanded compensation from both…

A partner in a partnership is liable for the debts of the partnership even if he ceases to be a partner.

News
A man sued a partnership for making misleading representations in negotiating a franchise agreement and selling a coffee shop operation, after it became apparent that a business license could not be obtained. At some point, the partners sold their share of the…