Recently several judgments have been entered in Israel, extending the liability of banks providing construction loans to building constructors. According to this position, the banks are liable towards various third parties which are bound by a contractual relationship with the constructor,...

Cross Border banking has become the prevailing reality. This fact is reflected twice over: Many banks operate outside their homeland by opening branches and subsidiaries in foreign countries. At the same time, they provide services in their home countries, not only to local citizens but also to...

The article analyzes the impact of the Anti-Money Laundering legislation on the Israeli banking system and on the bank-customer relationship.After a general analysis of the main issues included in the Law, the article focuses on three obligations that are imposed on the banks: The obligation of...

One of the characteristics of the banking system in Israel is – or at least used to be - the relatively high level of bank secrecy. Bank secrecy is one of the key obligations imposed on the bank vis-à-vis its customer. It embodies not only the customer's interest but also the interest of...

Legal systems impose varying degrees of fiduciary duty on the banks. This paper analyses three models, thereby pointing out the differences between them. First, the Anglo-American model, which does not inherently consider the bank-customer relationship as a fiduciary one, yet it states...

A deep-seated rule in Israeli law is that the bank owes a fiduciary duty to its customers. The concept of imposing a fiduciary duty on banks is not originally an Israeli one. The Israeli courts adopted it from British law. However, from the moment that it was introduced in Israel, the courts...

According to Israeli law, the bank owes a fiduciary duty to its customers. However, recently, the Israeli courts have expanded the doctrine of the ban's fiduciary duty in various ways: In terms of the content o the duty; in terms of the scope of the beneficiaries – other than customers –...

The article deals with the duty of disclosure that is imposed on the bank. Various legal systems impose a duty of disclosure on the bank vis-à-vis the customer. However, this “duty of disclosure” is a narrow duty that only obliges the bank to provide the customer with the informative data...