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Latest comment: 8 years ago2 comments2 people in discussion
I suspect "Capitulation of Olmütz" (which is empty) and "Treaty of Olmütz" (which redirects here) are more common. I have never encountered the word "Punctation" elsewhere. 74.96.172.110 (talk) 17:02, 23 August 2015 (UTC)Reply
Most definitions for this word result in a loop. Several online dictionaries suggest that, if you "punctate" something, you leave it full of holes. They also describe a "punctation," stating that it is "[a] preliminary treaty or contract, for example the Punctation of Olmütz." That definition was probably found in Wikipedia. Everyone is welcome to look for other "punctations" but I saw no need to do so.
The translation of the French version of Wikipedia does a good job on the subject of punctation, as follows:
"The punctation is a term of German law of contracts .
"The punctation term from the word German Punktation means a legal practice to develop, step by step, a contract , by means of partial agreements. Conclusion of the contract is spread over time.
"Procedure
"The parties begin their negotiations outside of any contract negotiations. These negotiations relate to a set of contractual clauses .
"The parties continued negotiations and a contract agreement punctation, which requires them to complete the negotiation in this contractual framework. The parties must have previously contracted a partial agreement negotiated fairly with regard to which they engage in a negotiation called "punctation".
"The parties undertake the punctation, as they are obliged by the agreement in principle. Thus, the punctation gives rise to an obligation to negotiate in good faith , and loyally , as part of continuing negotiations.
"They undertake the punctation to complete the partial agreement they had reached outside this bargaining agreement."
Attempting to 'use the word in a sentence,' I came up with:
Although it has been suggested that the Trans-Pacific Partnership threatens to extend restrictive intellectual property laws across the globe and rewrite international rules on enforcement, this multinational trade punctation requires negotiation in good faith in order to develop the "free trade zones" it contemplates and there appears to be little good faith available.
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