Posts by Doron Afik

The winning of a bidder in a tender for the provision of services will not be delayed, especially when there was no flaw in the conduct by the tenders committee

News
A bidder in a tender discovered, after the winner of the tender had already been selected, that its bid lacked details that would have allowed it to receive the maximum score had it been submitted in the first place.  Due to the…

The existence of insolvency proceedings does not prevent the realization of an autonomous bank guarantee

News
A lessor sought to exercise an autonomous bank guarantee given to it by the tenant due to a debt arising from the lease agreement.  The trustee of the tenant, who is in insolvency proceedings, sought to postpone the realization until the lessor’s…

If a condition subsequent is met in a gift transaction, the gift will be cancelled

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Parents allowed their son and daughter-in-law to build their house on half of the land owned by the parents.  The parties signed a gift agreement with a commitment stating that if the couple seeks to sell the property during the lifetime of…

In order to impose a personal obligation on the company’s organ for pre-contract negotiations, subjective personal fault must be shown

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Two companies entered into an agreement in which one undertakes to provide consulting services to the entrepreneurial company in the framework of a real estate construction project, in exchange for a certain percentage of the proceeds received from the sale of the…

The threshold conditions for recognizing the existence of a “common-law spouse” relationship are family life and a shared household

News
A woman sought to be recognized as a common-law spouse of a deceased on the grounds that she and him had lived together as husband and wife for several years until his demise, and thus be recognized as his heir. The Court…

Sellers of an apartment who withdraw from executing the transaction at the last minute may be liable for damages to the purchasers due to lack of good faith

News
Apartment owners pulled out of a transaction for the sale of their apartment at the last minute and informed the purchasers that “the transaction is null and void”, after lengthy negotiations in which all the terms were agreed with the purchasers and…

Lack of agreement on all the terms of a contract, including the consideration, will not necessarily prevent its perfection

News
A subcontractor and the main contractor negotiated and exchanged drafts of an agreement regarding the termination of their engagement and the completion of the subcontractor’s obligations by the main contractor before the completion of the works that were the subject of the…

A company shareholders register is ostensibly evidence of its correctness but extra caution is required in familial relationships

News
A father and son purchased a factory through a company that was established and all of its shares were recorded in the son’s name.  After a dispute arose between the parties, the father sought to amend the registration of shares to reflect…

A company shareholders register is ostensibly evidence of its correctness but extra caution is required in familial relationships

News
A father and son purchased a factory through a company that was established and all of its shares were recorded in the son’s name.  After a dispute arose between the parties, the father sought to amend the registration of shares to reflect…

An agreement between sophisticated parties will not be interpreted contrary to its wording even if this leads to a commercially unreasonable result

News
After selling their company, the sellers demanded additional consideration from the purchaser under the sale agreement, on the basis that the sales targets had been met.  However, the agreement clarified that the additional consideration would apply only to sales of the company’s…