Posts by Doron Afik

In oppression of a shareholder resulting in the purchase of shareholder’s shares by the other the price will be determined as at the date of the deprivation

News
A minority shareholder of a company in the hotel industry demanded that the control holder purchase his shares due to his oppression in 2017 and that the purchase will be at a higher value prior to the Covid-19 epidemic that erupted in…

Assets of a trust actually controlled by a spouse will be deemed assets to be balanced upon divorce

News
A husband regularly transferred most of his income to trusts, in which he acted as the protector. The trusts were formally administered by independent trustees but were actually controlled by the husband through letters of wishes enforced by the abuse of his…

The Options Following the Last Option – On Divorce and Options

News
Divorce, by its nature, is the last option in marriage, but what about (life and) options? How do we divide between the spouses stock options that were granted/vested/exercised before/during or after the marriage?  Does a spouse have a right to options that…

If a divorce is not arranged upon demise of one of the spouses the other will be deemed married to the other even if were separated

News
When the father died without a will, the daughter contended that her parents were separated and did not maintain a joint household in the last years of their lives, and therefore the mother is not entitled to half of his estate and…

When parties agree on a transaction and only the drafting of the agreement remains negotiation in bad faith is a breach of agreement

News
A parties signed a lease agreement alongside a document entitled ‘Option to Purchase a Property’ which stipulated that the apartment will be sold during the lease period or at the end thereof and the parties will jointly act to finalize a sale…

An employer is not permitted to use the tips received by his employee to pay social benefits without the employee’s consent

News
  Waiters employed at the luxury restaurant “Segev” received their salary from a shared tips pool. In 2019, the restaurant unilaterally decided, without the employees’ consent, to deduct 20% from the tips to fund social benefits and related contributions. The employees objected…

A contract interpretation that leads to an absurd result cannot be accepted even if the agreement sets a broad discretion

News
Two parties each held half of a plot of land. After one discovered that approximately 34 square meters of its share had been taken by the other, the parties reached a compromise under which the other would return the taken land, with…

It is forbidden to use a company name which may mislead the public that it is another company

News
A man founded a company with a name that includes his full name. Thereafter, members of his family founded a company with a name that also includes the shared surname and deals in the same areas of activity. However, after decades of…

Why make an Israeli will even when there is already a will?

News
A British businessman purchased a property in Jerusalem when in his will, which was prepared by his lawyer in the United Kingdom and was also probated in the United Kingdom after his demise, it was set that the property would be inherited…

A credit provider operating through a car dealer will be liable in case of a conflict of interest of the dealer

News
A car purchaser demanded the cancellation of loan agreements she had taken for the purpose of financing the purchase of a car, after she was coaxed by the car dealer who served as an ‘authorized representative’ of the credit provider to assume…