books

Compendium of Banking Laws

The most comprehensive compendium in the field of banking law.

By Adv. Gilad Narkis, with contributions by: Adv. Meirav Mor, Adv. Michal Tsfoni, Adv. Hila Karni

Section 1 – Duties Applicable to Banks: Bank-customer relationship, duty of good faith, prohibition of deception and unfair influence, duty of disclosure, fiduciary duty, areas of service and the obligation to provide service, duty of care, bank’s duty towards guarantors, etc.

Section 2 – Rules of Procedure: Application for leave to defend, motion to set aside judgment, discovery of documents, pretrial proceedings, statute of limitations, laches, etc.

Section 3 – Bank Credit: Reduction and cancellation of credit lines, the Checks without Cover Law, loans, immediate repayment, etc.

Section 4 – Negotiable Instruments Law: Formal requirements, possession of a negotiable instrument, acceptance, consideration, holder, holder in due course, arguments against banks, dishonor.

Section 5 – Mortgage Foreclosure: Mortgage, pledge, powers, interlocutory relief, foreclosure proceedings through the Execution Office, attachment of real estate, sale of real estate, receiver’s duties, plea of payment, standard contract, mortgage insurance, borrowers’ rights, presumption of community property,

A comprehensive compendium (approximately 2,000 pages) dealing with the gamut of issues relating to the bank-customer relationship and banking litigation in Israel, with a focus on a bank’s duties to its customers. The compendium provides detailed explanations and reviews extensive Israeli and foreign case law as well as numerous articles in the field, bringing examples from these sources. The compendium revises and expands on the author’s series of books titled “Duties Applicable to Banks,” which henceforth will be updated in this format only. The series has been widely cited in judgments and is considered by numerous law offices as a valuable tool in their day-to-day work.

ספר חוק אשראי הוגן מאת עו״ד גלעד נרקיס

The Fair Credit Law

A comprehensive legal book exploring the range of issues associated with nonbank loans.

By: Adv. Gilad Narkis, Adv. Vered Scheidemann

In July 2017 the Knesset (Israel’s parliament) passed an amendment to the Nonbank Loans Regulation Law, 5753-1993, transforming it into a “Fair Credit Law.” The book describes at length the changes that occurred following the amendment of the law and discusses the impact the amendment was expected to have on the nonbank credit market, on the banking sector and on borrowers, the complex relationship between credit providers and banks, the background to the enactment of the amended law, and tools for its future interpretation in view of the positions presented during the pre-enactment deliberations of the Knesset Constitution, Law and Justice Committee and in light of case law as adapted to the changes in the law. The book provides practical guidance for jurists and the general public to assimilate and implement the changes, with particular attention to the amendment’s intended purpose. 

Among the book’s chapters:

Background to the enactment of the Fair Credit Law; Who are the beneficiaries under the law; Duty to disclose the permitted interest rate; Rules of procedure; Status of guarantor; Reliefs available under various laws; The relationship between banks and financial service providers; The Control of Financial Services Law, and more.

ספר החוזה הבנקאי כחוזה יחס מאת עו״ד גלעד נרקיס

The Banking Contract as a Relational Contract

By: Adv. Gilad Narkis

This book, which is based on the author’s Master’s dissertation, examines the bank-customer relationship through the prism of the relational-contract doctrine, while exploring the changes that have occurred in recent years in the relations between customer and bank. The book is a must for any legal practitioner in the field of banking. It reviews the different types of banking contracts and provides tools for the legal analysis of these complex contracts. It contributes to those dealing with banking laws at several levels: one – imparting an understanding of the business, social and legal environment characterizing the complex relationship between customer and bank; two – enabling an analysis of the existing possibilities for intervention in the different types of banking contracts; three – providing an in-depth familiarization with the different types of banking contracts; and finally – clarifying the operational implications of defining the contract as a relational contract for the bank-customer relationship.

Among the book’s chapters:

The special characteristics of the bank-customer relationship and the difficulties facing a customer involved in a dispute with a bank; The banking contract and its special characteristics, including an analysis of the material stages in the preparation of the contract; The legislation governing the bank-customer relationship; The relational contract – doctrine, characteristics and implementation; Analysis of the different types of banking contracts; The particular nature and the complexity of the different banking contracts and the merits of the relational-contract theory in the context of the bank-customer relationship.

ספר חובות החלות על הבנקים מאת עו״ד גלעד נרקיס

Duties Applicable to Banks

By: Adv. Gilad Narkis, Adv. Meirav Mor

This book, which is based on the author’s Master’s dissertation, examines the bank-customer relationship through the prism of the relational-contract doctrine, while exploring the changes that have occurred in recent years in the relations between customer and bank. The book is a must for any legal practitioner in the field of banking. It reviews the different types of banking contracts and provides tools for the legal analysis of these complex contracts. It contributes to those dealing with banking laws at several levels: one – imparting an understanding of the business, social and legal environment characterizing the complex relationship between customer and bank; two – enabling an analysis of the existing possibilities for intervention in the different types of banking contracts; three – providing an in-depth familiarization with the different types of banking contracts; and finally – clarifying the operational implications of defining the contract as a relational contract for the bank-customer relationship.

Among the book’s chapters:

The special characteristics of the bank-customer relationship and the difficulties facing a customer involved in a dispute with a bank; The banking contract and its special characteristics, including an analysis of the material stages in the preparation of the contract; The legislation governing the bank-customer relationship; The relational contract – doctrine, characteristics and implementation; Analysis of the different types of banking contracts; The particular nature and the complexity of the different banking contracts and the merits of the relational-contract theory in the context of the bank-customer relationship.