Eli Shimony - Israeli law firm who represent on all civil/commercial legal issues in Israel.
For any questions please contact us and we will be happy to assist. Email: [email protected], Tel: +972-52-2769773, +972-3-5507155.
What is commercial law?
Commercial law is a branch of civil law that deals with all of the diverse legal needs of commercial/business/economic entities.
Civil law deals with the relationships between individuals, people and societies, unlike criminal law, which deals with defining behavioral norms as either legal or illegal by the state for its residents, and administrative-public law that deals with the relationship between an individual and public authorities.
Commercial law, which as foregoing is a part of civil law, deals with the system of those areas related to the ongoing management of companies and businesses, including all fields of economy, commerce and industry, and therefore it deals in reality with a variety of diverse legal issues.
Fields of commercial law
As foregoing, commercial law deals with a variety of legal issues related to commercial entities, and therefore the commercial lawyer in Israel specifically, but globally as well of course, must in fact possess knowledge and expertise in many different fields.
Among other issues, commercial law deals with the following;
• Preparing agreements – dealing with engagements under agreements is one of the issues most commonly required from a commercial lawyer, in Israel as well of course. For this purpose, the commercial lawyer must deal with the preparation of various agreements, of almost any type or kind, and conduct negotiations on these as well as draft them in minute detail. Such agreements include, for example, agreements between a company and a supplier, a company and a customer, an employer and an employee, non-disclosure agreements, export-import agreements etc. The wording of such agreements is of utmost importance, to ensure that the parties will properly comply with the agreement, rather than having the parties dragged to unnecessary claims entailing considerable waste of time, money and energy.
• Litigation – dealing with litigation refers to the management of all legal proceedings before courts and other judicial tribunals, for the commercial customer. This is a highly complex field, requiring great knowledge of civil procedure, evidence law and substantive law.
• Companies laws, including establishment and liquidation of companies – when the client's commercial business is incorporated as a company, the commercial lawyer in Israel must deal with all matters related to the establishment of the company in Israel, and its dissolution in due time, if necessary. Dealing with the establishment of a company in Israel includes taking care of the formal stage of registering it with the Companies Registrar, preparing the company's articles of association, founders' agreement and more, while dealing with a company's dissolution includes taking care of all types of dissolutions, whether voluntary dissolution or forced dissolution. In addition, commercial lawyers deal with all issues entailed in corporate law, including preparing protocols of board meetings, approving signatory rights, reporting to the Companies Registrar and in case of a public company – also with all matters related to reports to the Stock Exchange and the Securities Authority.
• Protection of intellectual property rights – as part of dealing with commercial law, a lawyer must ensure the protection of the intellectual property rights of his or her commercial client, whether dealing with the formal registration of rights requiring registration such as trademarks, patents and designs, or dealing with action against those infringing the client's intellectual property rights.
• Dealing with insolvency – naturally, commercial law also deals with the less pleasant aspects of business management, especially when the business arrives or may arrive at insolvency: receivership, exercising collaterals, suspending proceedings, execution etc.
The field of commercial law is highly complex and requires thorough knowledge and profound acquaintance with Israeli law, international law and judicial systems and institutions in Israel and abroad relevant to this field; therefore, it is important and highly recommend to consult and be assisted by a professional and experienced lawyer in this field.
Eli Shimony - Israeli law firm representing clients on all civil legal issues in Israel. For any questions please contact us and we will be happy to assist.
Email: [email protected], Tel: +972-52-2769773, +972-3-5507155.
The above article is a general information only and it is not intended to replace a legal advice.