Iunctim
From Wikipedia, the free encyclopedia
The Latin word iunctim (also spelled junctim) is the legal term for the connection of rules or conditions, which could be seen as independent. The intentional presentation of unrelated conditions as a package deal is a technique used in negotiations about contracts or draft laws. Basically it describes the point of view that the one cannot be done without the other.
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[edit] Iunctim in legislation
Some jurisdictions give the chief executive a line-item veto to strike out provisions that are tied together in the same bill.
[edit] Iunctim in contract law
In many jurisdictions, laws regulating competition limit to what extent a contract can tie one condition to another.
[edit] Examples
- In 2007, Red Hat was willing to sign a technical interoperability contract with Microsoft, provided that the deal did not address copyright or patents. Red Hat stated, "I want to talk to the folks at Microsoft about our two operating systems and how we can work together to solve real customer problems without attaching any unrelated strings, such as intellectual property." However, Microsoft refused, stating "[Y]ou can't just sit back and talk about interoperability for interoperability's sake without fully solving the customer issue. Unless you actually address the issues around IP, you haven't fully solved the customer's interoperability problem."[1]
