Подготовка и оформление договоров. На что обращать внимание?

Preparation and execution of contracts. What to pay attention to?

Contract law in Israel, with certain nuances aside, is not much different from the classical European law we are accustomed to.

In the modern world, a contract is the starting point of any commercial relationship. Moreover, contracts are widely used in family law, education, healthcare, that is, in areas where there is a need to formally record agreements.

The process of preparing and formalizing contracts in Israel

The work on drafting and preparing a contract is a lengthy process that requires time investment and an excellent knowledge of legislation, sometimes not only of a specific country. However, the result is worth it, as a properly drafted agreement guarantees that the parties will precisely fulfill all previously reached agreements and will serve as a guarantee of compensation for damages in case of non-fulfillment of the contract terms. It is always wiser to entrust the matter to a specialist who knows how to formalize a contract and will help you correct all errors before signing the document. This is much less troublesome than subsequently seeking resolution from partners for correction and losing your money and time.

What contract law includes

Contract law is rightly singled out into a separate section of jurisprudence, and more and more lawyers are choosing contract relations as their specialization. This branch of law, in essence, includes several types of services:

– preparation of a contract;
– drafting a contract project and its approval;
– legal examination of contracts;
– consultative and claim work, document correction, etc.

How to prepare and formalize a contract in Israel

When drafting a contract in Israel, first of all, attention should be paid to its terms – that is, the subject of the contract, price, terms – all those essential parameters that are of principal importance for the parties of the deal. The subject of the contract can be real estate and rights to it, securities, property rights, etc. In addition, the agreement must specify the scope of rights, the order and conditions of their transfer and use, and provide information characterizing the subject of the contract. The further development of the parties’ relations will depend on how accurately and clearly the contract terms are stipulated. In case of serious disagreements, the judge will primarily rely on the provisions of the section specifying the agreement terms.

Important! It is necessary to check that all the conditions specified in the contract comply with the legislation. If at least one of them contradicts the norms, the entire contract may be declared invalid.

Before formalizing a contract, it is necessary to ensure the legal capacity and competence of the parties. This means that you need to make sure in advance that your partner is competent, has the right to represent the company’s interests, and sign documents on its behalf. In practice, when concluding a contract, you can encounter an unscrupulous counterparty who does not intend to be responsible and fulfill obligations under the contract. At the same time, the company will state that the employee who signed the document did not receive the corresponding authority. Such situations are a popular way of fraud.

Forms of contracts

The contract must be made in writing, notarized or by a lawyer.
Interesting fact: every day, without realizing it, we conclude conclusive contracts. These are minor everyday agreements when performing such simple actions as shopping in a store, traveling on public transport, going to the post office, etc. By entering into such relationships, we accept the public offer of the counterparty, and we do not sign any papers.

When concluding a contract, it is necessary to make sure that it stipulates the conditions under which the agreements and obligations are considered fulfilled. As a rule, fulfillment implies the performance of certain actions or abstention from performing them. The way to terminate the obligations taken is their proper execution. Speaking of the concept of “proper execution,” we mean that the execution is performed:

1. By the proper party;
2. In favor of the proper party;
3. On the proper subject;
4. At the proper time;
5. In the proper place.

Speaking of the proper subject, we mean that the party that has taken on obligations must provide the other party with a material benefit, that is, perform a certain work, transfer a certain good, pay a certain amount. The contract may specify what exactly ensures the fulfillment of obligations – collateral, penalty, third-party guarantee , or deposit.

What is important to pay attention to when drafting a contract?

When working on formulations, one must not allow vague or ambiguous phrases. Remember that every word in the contract has weight. If you do not understand the meaning of a phrase, sentence, or term, do not hesitate to demand its replacement or involve specialists to clarify its essence. Remember that in case of conflict or dispute, your counterparty will try to turn every inaccurate formulation to their advantage. It is also possible that your partner intentionally includes such turns of phrase, intending to use them later.

When drafting a contract, one should be cautious in using international trade terms, for example, those related to logistics or delivery conditions. You must be absolutely sure that you and your partner understand the essence and meaning of the document down to the smallest detail. In the absence of clear explanations in the contract regarding international terms, there is a high likelihood of future difficulties with ambiguous interpretation in contentious situations. For example, there may be a dispute about when goods can be considered delivered, or when risks transfer from the seller to the buyer.

If you are planning to formalize a contract in Israel, it is worth considering hiring a lawyer. Only a qualified specialist will help avoid mistakes, take into account the interests and express the client’s wishes with clear formulations, while taking into account all legal requirements.

The law office of Alex Zernopolsky is a team of professionals in contractual legal relations who will advise you on how to formalize a contract, or take over its drafting and support, protecting you from potential errors.

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Reviews

Олег Барбаков

Oleg Barbakov

I want to thank the team of professionals of Alex Zernopolsky! They helped my son in obtaining Israeli citizenship! The work was done in a timely manner, all obstacles were overcome, and the results were excellent! The staff themselves are responsive, kind people, always ready to help with any request! It’s a pleasure to work with them! Thank you to Alex for the help and to his entire team: Anna, Valeria, and Yana! I wish them health, and I’m confident that they will continue to help people for a long time!

Мири и Сергей

Miri and Sergey

We are a couple who came to lawyer Alex Zernopolsky after numerous rejections from the Ministry of Interior, during the process of obtaining citizenship for my husband. We had faced a very unpleasant experience and were literally shaken by repeated encounters with officials who were insensitive to people’s feelings, and their comments were inappropriate, to put it mildly. After turning to the Ministry of Interior, Alex and lawyer Anna from his office, who were always ready to listen to us and always there for us, my husband finally received citizenship a week ago. This happened thanks to the professional and humane approach of Alex Zernopolsky’s law firm. We are very happy that fate brought us together and we can recommend this office to everyone who wants to feel at home, and the lawyers will take care of your interests. This is the best that exists in today’s market in Israel. Alex delivers on what he promises, one hundred percent.

Victor Vakhshtayn

Victor Vakhshtayn

A lawyer in Israel is not a luxury, but a guide through the bureaucratic hell that is the state apparatus. However, it’s hard to call it an apparatus because none of the circles of hell exchange information with any other, ordinary demons have far more authority than their superiors, and sinners can appeal to the law – earthly or heavenly – as much as they like, but in every district office of hell, there is an ‘internal instruction’ that contradicts each law. (And then another one that contradicts the previous one.) In the end, laws come and go with each government, but the demons stay at their cauldrons for generations. Perhaps this system was invented by the founding fathers themselves to prevent the usurpation of power in the future. Try to build totalitarianism in a country where every street-level bureaucrat is, at heart, an anarcho-syndicalist. Therefore, going to court in Israel is not a challenge to the state, but a normal way to start a dialogue with it. It’s all like at the market: if you don’t bargain, you don’t respect. If you don’t sue, it means you don’t acknowledge. So an Israeli lawyer is always a bit more than just a lawyer. He combines the skills of Virgil, a stalker, a dramatic actor, a social worker, an ethnographer, and a psychotherapist. At least, a good lawyer does. I was incredibly lucky with my lawyer. With Alex Zernopolsky, we not only won the case. I found thirty new research topics – so fascinating was the structure of the Israeli bureaucracy ‘from the inside’. Now we will write in co-authorship.

Maxim Katz

I personally use the services of this law firm, and when someone from our team needs some help, we turn to Zernopolsky. So I am happy to recommend him.
The office of Alex deals with any issues in the field of immigration law in Israel: repatriation, legalization of family members, proof of paternity and kinship through DNA, and any complex cases.

Alexander Kanevsky

I express my immense gratitude to the team at Alex Zernopolsky Law Office and personally to Alexander for helping me with my issues in Israel. Everything was done within the agreed time frame and at a high professional level. In every matter, I felt careful guidance, foresight, and human participation. I am very satisfied with the cooperation. I recommend!

Alyona Rozinova

I want to thank Alex Zernopolsky for the competent legal advice and sensitive support on the issue of repatriation. Alex and his team were always in touch, delved into the essence of the problems, and promptly offered solutions. I also note the politeness and respectful attitude towards the client.

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Mikhail Pellivert

Not an advertisement, but a recommendation! I don’t know how often you have legal questions about various aspects of life in Israel, but I’ll venture to guess quite frequently. Pay attention to the channel (https://t.me/pravo_israel) of lawyer Alex Zernopolsky, – you will learn a lot of useful and instructive things. Here, for example, is a list (https://t.me/pravo_israel/129) of countries you can enter without a visa with a laissez-passer. In short, I sincerely recommend subscribing.

Роман Супер

Roman Super

In Israel, where every third person calls themselves a lawyer, it’s really not easy to find a good one. A childhood friend introduced me to the office of Alex Zernopolsky in 2015. And since then, if any legal issues arise (and they do often in Israel), I go to Alex. All the intricacies and details about repatriation and the post-repatriation period. Family reunification problems. Labor conflicts. Difficulties with banks. Gay marriages. Traditional marriages. Certificates. Apostilles. Notaries. Passport. Laissez-passer. Driver’s licenses. How to bypass 5 windows in two weeks, not two months. How not to go crazy dealing with the immigration service. And millions of other problems in a country where bureaucracy isn’t very friendly to people — that’s for Alex and his guys. And if you find other lawyers in Tel Aviv who respond to messages and calls on the first try, let me know. So far, I’ve only encountered such luxury in Israel here.

Kateryna Popovych

We turned to the office of lawyer Zernopolsky with a rather complex case. And, to be honest, we were quite skeptical about lawyers based on unsuccessful experiences of cooperation with lawyers in the past. But Alex dispelled all our doubts from the first meeting and showed how real professionals work. Throughout our cooperation, we did not worry about anything, Alex was always in touch and clearly answered all our questions. I highly recommend the law office of Alex Zernopolsky. Without exaggeration, he is the most professional lawyer you can trust! I express my great gratitude to the law office of Zernopolsky, and in particular to you, Alex.

Владимир Браиловский

Vladimir Brailovsky

We are grateful to Alex Zernopolsky for his significant help in our difficult situation. We were denied citizenship three times, but thanks to Alex and his firm’s efforts, we obtained a residence permit and are confident that our problem will be fully resolved soon.

Anastasiya Porokhnia

I want to say thank you to Patrick Yuri, who handled our case. Pleasant, diplomatic, and most importantly: Competent! I recommend!

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Elizabeth Kondratenko

My husband and I turned to a law firm because we encountered serious problems with the STUPRO procedure at the Ministry of Internal Affairs in Holon regarding the affiliation of my minor daughter from my first marriage. I want to express my immense gratitude to the lawyers who accompanied and resolved issues in our case, especially I want to thank Yuri Patrick, who approached the resolution of our issue very professionally and responsibly, and as a result, my daughter and I finally received the documents after a long ordeal. The only thing I regret is not turning to this law firm earlier. Many thanks to the company for the work done!!!

Roldugin Andrew

I used the services of Alex Zernopolsky’s office in a rather complex issue. I am very impressed with the competence and professionalism in the matter of repatriation, by proving kinship through a DNA test. Now Alex is handling the legalization of my spouse in Israel. Thank you for the support and accompaniment!

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Liberty Lucky

We would like to express our gratitude to Alex Zernopolsky and his team for their coordinated and prompt work in solving our issues. There were many issues, as well as tasks requiring an individual approach, which Alex handled excellently. Almost 24 hours a day, the specialist’s help is immediately available.

Avi Yosipov

My wife Victoria and I are clients of Alex regarding family reunification in Israel. We received excellent service and most importantly – citizenship for my wife!

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I am very satisfied with the work of the law firm. Here you are welcomed warmly and as great professionals, they help to solve almost all your problems. They helped me and my husband competently and professionally resolved all our issues related to the Ministry of Internal Affairs. And for a reasonable fee. Many thanks for that. I recommend this law firm to everyone who has similar problems. They will definitely help you here.

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Professional and honest lawyer.

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I have been working with Alex Zernopolsky for over 2 years. Highly qualified team, attentive customer service, creative approach. Satisfied with the interaction.

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Thank you for the help! Everything went at the highest level. Professionals in their field and very attentive to their clients. We were pleasantly surprised by the courteous attitude and performance. They help to solve issues that arise beyond the contract.

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