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FranciscoWelterSchultes
2010-02-20 05:54:10

A new Art. 81.3 should be added.

"Art. 81.3. Undeliberate decisions published in Opinions. If the Commission published an Opinion and fixed availability, spelling, mode of type fixation or gender of a name undeliberately or in passing by, without having been aware of a problem concerning these issues, the decision by the Commission is to be accepted as having been taken under the plenary power and usage of the names is to be maintained as they were treated by the Commission."

Example. In Opinion 335 Cecilioides Férussac, 1814 was ruled to have been made available despite of having been published in a non-binominal work, with feminine gender and its type species Buccinum acicula Müller, 1774 having been fixed by monotypy. Type species by monotypy cannot be applied because the work was not consistently binominal, so it is to be regarded as having been fixed under the plenary power. Feminine gender was fixed undeliberately in passing by under the plenary power, setting aside Art. 30.1.4.4 following which the gender would have to be treated as masculine.