Guillotine clause
A guillotine clause , which takes its name from the guillotine of the same name , is a clause that makes the acceptance of a contract package dependent on all contracts being accepted. If only one of the contracts is not accepted by a party or is terminated later, all contracts are deemed not to be accepted or terminated.
The guillotine clause is used if one party is to be prevented from merely “picking the cherry on the cake”, that is, from entering into or maintaining contracts that are predominantly advantageous for them, while it is essential for the other party is that the package comes into effect as an overall package.
Example: bilateral agreements between Switzerland and the EU
Examples of the guillotine clause can be found in the bilateral relationship between the European Union and Switzerland . One reason for using this clause is, not least, that the decision-making processes of the European Union , which are more cumbersome than Switzerland , would make it more difficult for the European Union to react by terminating the other treaties should Switzerland terminate one or more contracts.
A concrete example:
"The seven agreements listed in paragraph 1 expire six months after receipt of the notification of non-renewal in accordance with paragraph 2 or of termination in accordance with paragraph 3."
Web links
- Guillotine Clause . In: Lexicon vimentis.ch
Individual evidence
- ^ Guillotine clause . In: Lexicon vimentis.ch; accessed February 14, 2014
- ^ After the vote - The Swiss fear of cheap Germans . manager-magazin.de
- ↑ Details on the bilateral EU / Switzerland relationship with explanations on the guillotine clause. Website “About the Bilaterals” for the 2009 vote on the continuation of the free movement of persons and its expansion . bilaterale.ch, January 26, 2009, archived from the original on June 20, 2008 ; Retrieved on February 14, 2014 (the linked text on the guillotine clause cannot be found).
