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Ruling: Guarantors of the sides: The nature of an entity such as def is that as the apartments become ready for occupancy, the association gives over rights and obligations to the owners of each unit, and the association "loses" its assets to its members. Therefore, pl demanded, due to an expected lengthy adjudication, guarantees of payment if pl will win awards. Def countered that the owners of pl should be made guarantors if pl as a business is not able to pay the counterclaims; beit din helped the sides negotiate a mechanism to address these concerns.
Validity of the signed agreement: Def claim that the written agreement is invalid for a few reasons: 1. There are indications that it was predated; 2. Only def’s first chairman of the board (= FCB) signed it, whereas def’s charter requires two signatories; 3. FCB is a friend of members of pl and therefore was not supposed to deal with matters between pl and def because of conflict of interest. Pl responds that there is nothing wrong with that friendship, which helped the project proceed quickly and harmoniously. Pl also point out that def were required to have a written agreement with a development company, and this is the only one they have.
It is true that def’s charter requires two signatories for valid agreements. The Law of Companies says that while an agreement that is against the goals of the company is void, an agreement whose weakness is lack of authorization can be approved after the fact by those with authority within the company. In this case, def used its affiliation with pl to fulfill obligations, including fulfilling the obligations of the tender. The actions of def thus confirmed pl’s status, and since there was no other agreement between the sides and def paid several installments to pl based on it, def effectively confirmed the agreement. Furthermore, since on a whole slew of contracts, FCB signed by himself, according to def’s argument, none of them would be valid, which is an unviable position. Furthermore, when FCB was replaced, his successor made no attempt to void the agreement and/or change it. Therefore, the agreement as it exists is valid.
We will continue next time with other elements of the dispute.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
801 - P'ninat Mishpat: Normalizing an Agreement that Becomes Absurd
802 - P'ninat Mishpat: End of Tenure of Development Company – part I
803 - P'ninat Mishpat: End of Tenure of Development Company – part II
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Beit Din Eretz Hemda - Gazit
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Profits from Formerly Joint Swimming Pool – part
(based on ruling 81110 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
