Iunctim

A package deal ( " connected " from the Latin iunctum ) is a legal term for the coupling of rules or conditions that are separate to and independent of one another. Linkage between is a legal technique when negotiating contracts or bills. Simplified one can say that one is " going without one all the others are not " on the position presents.

Legal practice

Who is using a package deal, expresses that the other can only either both accept or decline together in common and that is not individually negotiated it. A package deal is used in practice, if the assumption of an aspect of the contract or a specific bill is at risk and therefore should be enforced so that the counterparty to the advantage of the other Contracting ( consisted partly ) or law only upon acceptance of the associated proposal should be possible.

For the political practice in Germany, the Federal Constitutional Court has already clarified that there is no " Junktimierungspflicht " draft legislation. Such as when the federal government as a matter regulates that countries need to take undesirable actions in the enforcement of them (organization, financing, etc. ). This is true even if, in submission to the legislative procedure junktimiert several systems that are so packaged and in a very late stage (like after an unsuccessful mediation procedures) are decoupled from each other, if only for the purpose that the consent of the Bundesrat not more is required.

Usage

As Junktimklausel eg article 14, paragraph 3, sentence 2 of the Basic Law is called, after which an expropriation " only by or pursuant to a law be made " may, " determines the nature and extent of compensation ."

Counterpart to Junktim clause is the severability clause to the effect, even without a part of the remaining rules shall continue to apply.

Word of the Year

1971 was Junktim at # 2 for word of the year.

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