Federal Laws Governing The Refund Legal Financial Obligations Of The German Of Empire And Equal Legal Entity

Original Language Title: Bundesgesetz zur Regelung der rückerstattungsrechtlichen Geldverbindlichkeiten des Deutschen Reichs und gleichgestellter Rechtsträger

Read the untranslated law here: http://www.gesetze-im-internet.de/br_g/BJNR007340957.html

Federal law governing the refund legal financial obligations of the German of Empire and equal legal entity (Federal refund - BRüG) BRüG Ausfertigung date: 19.07.1957 full quotation: "Federal refund law where in the Federal Law Gazette Part III, outline number 250-1, adjusted version published, most recently by article 21 (1) of the Act of June 29, 2015 (BGBl. I S. 1042) has been changed" stand: last amended by art. 21 para 1 G v. 29.6.2015 I 1042 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 6.9.1969 +++) the G applies in accordance with d. Article 12 G v. 21.12.1967 63-13; It is in the Saarland according art. I accordance with d. Article II G v. 12.1.1967 I 133.

Table of contents the first section general rules and definitions sections 1 to 11 second section Neubegründete refund claims sections 12 to 13 third section treatment of refund legal claims sections 14 to 26 to be fulfilled under this Act fourth section registration refund legal claims and another procedure of first title Neubegründete claims sections 27 to 28 of second title re-opening the application deadlines of § 29 of third title common provisions article 30 fifth section payment obligation of the Federal Republic of Germany of first title loads pay and precedence of sections 31 to 37 of second title claims procedure sections 38 to 43-sixth section hardship compensation section 44 seventh section final provisions sections 45 to 48 first section general rules and definitions article 1 (1) this law shall refund legal claims against the German Empire including the Special Fund Deutsche Reichsbahn and Deutsche Reichspost application.
(2) this law shall also apply to refund legal claims against 1 the former State of Prussia, 2. the company reichsautobahnen, 3. the former National Socialist German Workers Party (NSDAP), whose branches, affiliated associations and other defunct NAZI facilities, 4. the Reich Association of Jews in Germany and the emigration Fund, Bohemia and Moravia.

§ 2 Rückerstattungsrechtliche claims within the meaning of this law are claims that under the legislation for a refund of adjustment assets (§ 11 no. 1) or according to the provisions of this Act legitimate refund or their successors are entitled to and are directed to an amount of money, or damages.

§ 2 a § 1 of the mentioned legal entity a (1) is subject to a refund, within the meaning in section 11 no. 1 letter of a aforementioned legislation on an identifiable asset if he has gained the available power, ownership, possession or owner position contrary to constitutional principles or assumed.
(2) in section 1 of the mentioned legal entity is especially refund required within the meaning of paragraph 1, when he imposed the persecuted has to dispose of the identifiable asset to a particular purchaser or a variety of specific purchaser.
(3) the obligation to refund one of the entities referred to in article 1 within the meaning of paragraphs 1 and 2 is not excluded, that the persecution was forced by prosecutions, to participate in the sale of the identified asset.
(4) an in section 1 of the mentioned legal entity of paragraphs 1 and 2 is not already then refund, if the persecuted has sold an identifiable asset, to illegal special duty pay or perform a transfer of assets within the meaning.
(5) are within the scope of § 11 no. 1 legislation referred to in points b and c identifiable assets from one of the entities referred to in § 1 withdrawn been so this legal entity is damages, if the equipment, lost, damaged, or diminished in value section 848 of the Civil Code shall apply. The same applies if identifiable assets from one of the entities referred to in article 1 are been withdrawn and proven within the scope of which reached No. 1 (b) and legislation referred to in c in section 11.

§ 3 refund claims be equated the refund legal claims against the legal entity referred to in paragraph 1, which could be addressed only on the basis of wealth or task successor to the entities referred to in paragraph 1 against the Federal Government or another public entity.

A third party has deprived identifiable assets of section 4 were transferred otherwise than by a payment transaction to one of the entities referred to in article 1, as any true under the legislation for a refund of adjustment assets (§ 11 no. 1) given for damages in relation to the third party only the legal entity. Claims under the legislation for a refund of adjustment assets (§ 11 no.1) shall remain unaffected.

§ 5 (1) identifiable assets from one of the entities referred to in § 1, outside the scope of this Act are revoked and after the withdrawal has been shown in this scope, without having the place to reach the items, it is clear, as the items in the scope apply in section 11 no. 1 letter d referred to legislation to the refund of adjustment assets reached. The same applies when the withdrawn assets has been proven within the area of Berlin in § 4 of the Berlin Constitution of 1950 established limits.
(2) are identifiable assets from one of the entities referred to in § 1 outside the scope in article 11 no. 1 legislation referred to and the Saarland revoked and enters after the withdrawal has been shown in the Saarland, without having the place to reach the items, it is clear, as the items in the scope apply in section 11 no. 1 letter d referred to legislation to the refund of adjustment assets reached.

§ 5a identifiable assets which have been lost are revoked by one of the entities referred to in article 1 within the limits laid down in article 4 of the Berlin Constitution of 1950, but outside the area of the present Western sectors of Berlin, the withdrawal as within the scope to apply in section 11 no. 1 letter d referred to legislation to the refund of adjustment assets made, if the people , the assets have been withdrawn, or their successors at any time between January 30, 1933 and December 31, 1961 had their residence or permanent stay or their seat within the territorial scope of this Act, or in areas with their Governments, the Federal Republic of Germany maintains diplomatic relations on October 8, 1964. § 45 para 2 finds appropriate application.

§ 6 is prior to entry into force of this Act a refund legal claim (§§ 1, 3) wholly or partly legally been decided or reached an amicable settlement, the decision or the amicable agreement has only the effect provided for in this Act.

Section 6a in refund claims procedures (§§ 1, 3) a claim totally or partially by judicial decision can be refused if the person entitled has made use of unfair means or intentionally or recklessly false or deceptive declarations above ground or of the claim made, causes or approved.

§ 7 due to refund legal claims (§§ 1, 3) services may be requested only in accordance with this Act.

Section 7a (1) in proceedings about refund claims (§§ 1, 3) to be apart the presentation of a certificate of inheritance, if the Erbberechtigung also without presentation of a certificate of inheritance is detectable.
(2) requires the template of a certificate of inheritance, a compensation body the Probate Court at the request of the person entitled shall grant a certificate of inheritance for the refund. As far as a one of the No. 1 letters a, b and referred to in d legislation the refund adjustment assets in § 11 presumption of death intervenes or an other time of death has been determined, this conjecture or statement for issuing a certificate of such inheritance is decisive.
(3) the granting of the certificate of inheritance for the refund claim including the preceding procedure is charge - free delivery. This does not apply the voluntary jurisdiction according to § 352 paragraph 3 sentence 3 of the law on the procedure in family matters and in matters for the acceptance of the affidavit.

§ 8 Rückerstattungsrechtliche claims (§§ 1, 3) can be transferred, pledged or attached.

§ 9 in refund claims procedures (§§ 1, 3) to determine the entities referred to in article 1 by the Federal Minister of finance or his subordinate authorities of the federal financial management are represented.

§ 10 as far as in a process of refund claims (§§ 1, 3) one which in article 1 referred legal entity is has been committed or will be committed to reimburse the costs to the owner, the claim focuses on reimbursement against the Federal Government.

Section 11 in this Act are referred to 1.
(as legislation relating to the refund of lockable assets a) the Act No. 59 of November 10, 1947 (refund of adjustment assets) of the military Government of Germany - American control area - (Official Journal of the military Government of Germany - American control area - edition G by November 10, 1947, p. 1) in amended upon entry into force of this law and its implementing rules, b) the Act No. 59 of May 12, 1949 (refund of adjustment assets to victims of Nazi repression) of the military Government of Germany - British control area - (Official Journal of the military Government of Germany - British control region - no. 28 p. 1169) (in the amended on entry into force of this Act and its implementing rules, c) Regulation No. 120 from November 10, 1947 (refund of looted assets) the military Government of Germany - French control area - (Official Journal of the French high command in Germany no. 119 from November 14, 1947 p. 1219) in force at the entry into force of this Act and their implementing provisions, d) the arrangement of BK/O (49) 180 by July 26, 1949 (refund of adjustment assets to victims of Nazi repression) the Allied headquarters Berlin (regulation sheet for Berlin of part of I 1949 S. 221) in the version applicable to entry into force of this law and its implementing rules;
2. as a successor organisations) pursuant to article 13 of law No. 59 of November 10, 1947, the military Government of Germany - American control area - by regulations No. 3 certain, also in accordance with article 9 of the arrangement of BK/O (49) 180 by July 26, 1949 the Allied headquarters Berlin through the arrangement by October 1, 1949 the American commander of Berlin and the arrangement of no. 58 of 8 June 1950 the French military Government of Berlin appointed Jewish restitution successor organization (IRSO) , b) that referred to in article 8 of law No. 59 of May 12, 1949, the military Government of Germany - British area of control - by the seventh directive by August 1, 1950, also in accordance with article 9 of the arrangement of BK/O (49) 180 by July 26, 1949 the Allied headquarters in Berlin by the implementing Decree No. 2 ordered Jewish Trust Corporation for Germany (ITC), and by the eighth directive of November 15, 1950 and the eleventh directive by March 12, 1951, to the aforementioned law No. 59 the British military Government and in accordance with the implementing Regulation No. 4 of 29 March 1951 to article 9 of the placement of BK/O (49), 180 built general fiduciary organisation (ATO), c) in accordance with article 9 (2) and article 14 paragraph 1 of Regulation No. 120 from November 10, 1947, the military Government of Germany - French control area - (in the version of Regulation No. 268 of September 29, 1951) of the countries established Community funds and that according to the arrangement of implementation of article 21a of Regulation No. 177 No. 120 (in the version of Regulation No. 268) named French Department of Jewish Trust Corporation for Germany;
3. as the federal compensation law the Federal law for the compensation of victims of National Socialist persecution (federal compensation law - BEG) as amended by the Act of 29 June 1956 (Bundesgesetzbl. I P. 559);
4. as the conversion law third law for the reform of the monetary system (switchover Act) - Law No. 63 of the American and the British military Government (Official Journal of the military Government of Germany - American control area - Edition J, p. 21 and OJ of the military Government of Germany - British control area - p. 862) and Regulation No. 160 of the French high command (Official Journal of the French high command in Germany S. 1537);
5. as a nutritious supplement law legislation supplementing by provisions of the conversion law and about the equipment of Berlin old banks with compensation claims (Migration Amendment Act) of 21 September 1953 (Bundesgesetzbl. I P. 1439);
6. as a Altsparergesetz the law to mitigate by hardening the currency reform (Altsparergesetz) amended on April 1, 1959 (Bundesgesetzbl. I S. 169) in conjunction with the law § 4 para 4 of the Altsparergesetzes by December 10, 1954 (Federal Law Gazette I p. 438);
7 as Reich review law Empire Review Act of 16 October 1934 (Reichsgesetzbl. I p. 1035) as amended by the Act to the valuation of assets for the calendar years 1949-1951 (main investment 1949) of January 16, 1952 (Bundesgesetzbl. I P. 22).
Second section Neubegründete refund claims § 12 (1) are within the scope of § 11 no. 1 letter c referred to Regulation No. 120 assets which were identified at the time of the withdrawal by one within the meaning of articles 1 to 3 of this regulation void or contestable available from one of the entities referred to in § 1 withdrawn, so this law is damages, if the items have been lost , damaged or diminished in value. the same applies if first deprived of such assets by a third party and then went over to one of the entities referred to in article 1. A liability of the legal entity does not exist if the legal entity can prove that the loss, damage or impairment is not based on his fault.
(2) a sum of money paid through cash payment or on the basis of a statement for payment to the entities referred to in paragraph 1 is not 1 as lockable asset within the meaning of the paragraph to see.
(3) is prior to entry into force of this Act in a compensation procedure about a claim referred to in paragraph 1 wholly or partly legally been decided or has come about this claim about an amicable settlement, so the decision or the amicable settlement of a decision or an amicable in the refund procedure is the same.
(4) a liability of the legal entity referred to in paragraph 1 referred to in paragraph 1 does not exist compared with successor organizations.

§ 13 (1) has been withdrawn in a European village lying outside the scope of this Act goods from the German Empire, the German Empire is damages, under the legislation for a refund of adjustment assets or according to § 12 if the persecuted from the scope of this Act is migrated or intended to emigrate and had his last domicile or permanent residence within the territorial scope of this Act prior to the emigration or the dispatch of the goods. The withdrawal is considered in the place is where the persecuted before the emigration or the dispatch of the goods has had his last domicile or permanent residence within the territorial scope of this Act.
(2) the claim referred to in paragraph 1 is not, if 1 a claim under the legislation for a refund of adjustment assets (§ 11 no. 1) or according to § 12 or 2 had reached the goods at the place of destination at the disposal of the owner.
(3) a liability of the German Empire after paragraph 1 there is no successor organisations.
(4) the liability of the German Reich is omitted to the extent than he has received from another State justified compensation. Unless this compensation in foreign currency was done, she is to on April 1, 1956 to offset exchange rate on the amount of damages.
Third section treatment of refund legal claims to be fulfilled under this Act is section 14 (1) before entry into force of this Act a refund legal claim (§§ 1, 3) wholly or partly legally been decided or amicable agreement duly reached the decision or the amicable settlement shall be deemed amended or supplemented in accordance with sections 15 to 26. The same is true if a previous decision adult after entry into force of this Act in force or previously made amicable agreement has become legally binding after entry into force of this Act.
(2) is at entry into force of this Act a refund legal claim (§§ 1, 3) still not been decided, so the decision was made pursuant to sections 15 to 26 (3) to claims of successor organizations or their successors in title, which fall under the closed Globalvereinbarungen between the Federal Republic of Germany and the successor organisations or their successors, the §§ 15 to 26 do not apply.

Section 15 claims for payment of the amount of reichsmarks apply (1) Rückerstattungsrechtliche moved as in the time of the changeover in the ratio 10:1 on the Deutsche mark.
(2) the amount referred to in paragraph 1 to be interest. Interest rates are compensated with a payment of 25 per cent of the converted amount.
(3) paragraph 2 shall not apply to refund claims, which focus on publication of the Reinertrags of uses.

§ 16 
(1) Rückerstattungsrechtliche damages claims are aimed at compensation in German mark, even if they are set according to the rules of civil law on restoring state which would exist if the mandatory replacement fact had not occurred. When determining the amount of compensation is the replacement value of the withdrawn asset within the scope of this law to be based. The replacement value is decisive on April 1, 1956; Things are been withdrawn, their condition at the time of the withdrawal is taken into account.
(2) for the benefits of the use of the withdrawn asset would have granted, a substitute is not provided. Have escaped other uses or interest rates or other monetary benefits, so an amount will be added after paragraph 1 the amount of damages by 25 per cent; the surcharge of 25 per cent reduced to 10 per cent, if usage or other monetary benefits of after stocks or other investments have escaped.

Article 17 (1) the replacement value of the withdrawn asset can be determined on 1 April 1956, or is he below that of converted value of the asset at the time of the abduction in the ratio 10:1 in Deutsche mark, so considered in the ratio 10:1 Deutsche Mark converted value of the asset at the time of the withdrawal amount of damages.
(2) § 16 ABS. 2 finds appropriate application. This does not apply, the amount of damages calculated benefits referred to in paragraph 1 from the lost usage or interest rates or other monetary values.

Article 18 was fixed the amount of the damages before entry into force of this law by final decision or amicable in German mark, so the fixed amount is considered amount of damages according to article 16 or article 17, unless that replacement for withdrawn receivables or securities is to make; Article 14, paragraph 1, sentence 2 applies the appropriate. Is before the entry into force of this Act which set the amount of damages by final decision without taking into account the lost interest and uses and other cash benefits in German mark, the amount of damages to the amount referred to in article 16, paragraph 2, sentence 2 or § 17 para 2 increases so.

§ 19 at refund legal claims for damages to the payment of a pension that are summed up formerly payable amounts shall until March 31, 1956, the Reichsmark amounts in a ratio of 10:1 in Deutsche mark to be converted. The pension payable from 1 April 1956 is to capitalize on. The capital value of the pension is to calculate according to the regulations of the Reich review law.

Section 20 (1) to refund legal claims for damages due to the withdrawal of a RM claim that would have been provided without withdrawing as Reichsmark requirement in the sense of § 13 para 3 of the conversion law, shall apply for the calculation of the amount of the damages as have been converted at the time of the changeover in relation to Deutsche mark, in which the Reichsmark demand without the withdrawal made to would be requiring reichsmarks; the withdrawn call is aimed against the debtor referred to in § 14 of the Migration Act, the amount of the compensation is based on the future legal settlement of the claim against the debtor referred to in § 14 of the Migration Act.
(2) in the case of refund legal claims for damages due to the withdrawal of a credit balance, without withdrawing as Altgeld deposits within the meaning of § 1 para 1 No. 1 of the conversion Act or as Uraltguthaben would be transformed in the sense of § 1 para 1 of the nutritious supplement Act, the credit balance in the ratio in Deutsche mark applies for calculation of the amount of the damages cast, where it would be converted without the withdrawal.
(3) section 16, paragraph 2 shall apply.

§ 21 (1) in determining the amount of compensation according to § 20 this is the amount that would be to add compensation according to § 5 of the Altsparergesetzes, when the refund legal claim to the owner because of the withdrawal of a RM request (§ 20 para 1), to grant the legitimate compensation for the Altsparergesetz. The extracted from RM claim is treated as she would have been to the legitimate from the time of withdrawal up to the time of the changeover to German mark.
(2) paragraph 1 shall mutatis mutandis, unless evidence is provided that for a withdrawn Reichsmark demand compensation to grant would be after the Altsparergesetz, if she would be been converted before the withdrawal for tracking reasons not in the meaning of the legislation adjustment assets in a RM request refund, for compensation after the Altsparergesetz is not granted.
(3) paragraph 1 and 2 see mutatis mutandis on the withdrawal of funds (§ 20 para 2).

Section 22 has the owner of same withdrawal offence against one of the entities referred to in article 1 a refund legal claim for damages as well as a refund legal claim on payment of a sum of RM or does he have these claims either, so a claim will not be affected by the other; the person entitled must however on the amount that he is entitled to on the basis of another claim, the amount of money he obtained on the basis of a claim, yourself have.

Article 23 is the refund legal claim (§§ 1, 3) a counterclaim from the offence of same withdrawal, so reduced the refund legal claim to the value of the counter claim on April 1, 1956; Second half-sentence applies by analogy article 20, paragraph 1.

Section 24 is a refund legal claim (§§ 1, 3) at the time of entry into force of this law to several persons to the whole hand or jointly for a fraction, so a discussion of the community in taking this claim is excluded. A contrary agreement is null and void.

Section 25 (1) a claim for refund legal (§§ 1, 3), on which a country causes services goes up to the level of benefits to the country. Are causes the services before the entry into force of this Act, been the claim is considered passed at the time of the services.
(2) paragraph 1 shall mutatis mutandis, if a country on the basis of other legal regulations has causes services or causes, which are available to the beneficiaries on the basis of a refund legal claim also.
(3) a claim pursuant to paragraph 1 or 2 of over can be asserted under this Act, unless a special levy within the meaning of the federal compensation law has been paid in cash or on the basis of a statement for payment.

Section 26 is a refund legal claim (§§ 1, 3) partially transitioned to a third party, so everyone may assert the legitimate claim as a whole. The can be claimed only then, that benefits to the beneficiaries of the cause must be in accordance with their participation. The claim is argued even then as a whole, if a person asserts only the portion of attributable to him.
Fourth section registration refund legal claims and another procedure of first title Neubegründete claims section 27 (1) In the scope of no. 1 in section 11 are a, b and d referred to in legislation to register claims according to section 13 of the party entitled to the competent central receiving.
(2) the application must be entered until April 1, 1959 the competent central receiving.
(3) the period of paragraph 2 is considered to be met if the person entitled has made pending or asserted by action brought before the Board of restitution of an incompetent court claim an Central receiving incompetent pursuant to paragraph 1 until April 1, 1959.
(4) on the registration procedure and the procedure find the legislation to the refund of adjustment assets (§ 11 no. 1 letter a, b, and d) application.

Section 28 (1) in the scope of § 11 no. 1 legislation referred to are letter c claims according to sections 12, 13 of the beneficiaries by action before the restitution Chamber of the competent District Court. Are the claims before entry into force of this Act in a proceedings for compensation asserted was bringing the action at the same time as to the compensation body's request to submit the matter to the restitution Chamber shall apply.
(2) the action must be brought until April 1, 1959.
(3) article 27, paragraph 3 shall apply mutatis mutandis.
(4) on the procedure find the legislation to the refund of adjustment assets (§ 11 no. 1 letter c) application. A lawyer does not exist.
(5) a claim referred to in paragraph 1 is not required, if within the time limit of paragraph 2 an amicable agreement between the owner and the authority pursuant to § 9 the Chairman of the restitution according to the § 11 no. 1 letter c is presented in aforementioned legislation to confirm.
Second title a re-opening of registration § 29 (1) In the scope of which can no. 1 letter a and b legislation referred to in d in section 11 legal refund claim (§§ 1, 3) by the party entitled to the competent central receiving again be registered, if and as far as before entry into force of this Act 1 the claim is legally been rejected or 2.
has withdrawn the request with the registration of authorized or 3. the beneficiary waives the claim.
(2) paragraph 1 shall apply, if the person entitled has not logged in the claim within the period specified in the legislation to the refund of adjustment assets.
(3) the authorized registers claim under paragraph 1 or 2, a transfer of the claim to a successor organization is considered failed.
(4) in the case of paragraph 1 No. 1 does not preclude the legal force of a judicial decision the pending claim.
(5) § 27 para 2 to 4 apply.

section 29a (1) the terms of § 27 para 2, § 28 para. 2 and § 29 par. 5 are considered protected, if the owner until April 1, 1959 the refund legal claim (§§ 1, 3) accidentally when an incompetent authority of the Federal Republic of Germany applied for or made by an incompetent Court of the Federal Republic of Germany contends has and the identifiable assets are identifiable from the application , for which replacement is required.
(2) the application referred to in paragraph 1 is cancelled, if the claim is not asserted until October 8, 1965 in the refund procedure. Appropriate apply article 27 par. 4 and § 28 para 4.

Article 29B (1) is a legal refund claim (§§ 1, 3) finally refused due to the removal of household goods in the formerly occupied territories of the West or due to the removal of jewellery and precious metal objects in the formerly occupied or integrated areas or withdrawn, because to prove was that the withdrawn assets in accordance with § 5 reached relevant area, can the claim again in the refund procedure be claimed , when such assets on the basis of General measures from the withdrawal area wholly or mainly in the relevant range according to § 5.
(2) the General measures referred to in paragraph 1 and the areas of deprivation and withdrawal periods for which they were taken, identified by regulation of the Federal Government, which require the consent of the Federal Council.
(3) the claim is within one year after entry into force to make the paragraph 2 claim that legal regulation. Appropriate apply article 27 par. 4 and § 28 para 4.
(4) by regulation of the Federal Government, which require the consent of the Federal Council, it can be determined that paragraphs 1 to 3 items accordingly to other than that referred to in paragraph 1 shall apply if such items on the basis of General measures wholly or mainly in the relevant area have reached pursuant to section 5.
(5) regulations may be adopted pursuant to paragraphs 2 and 4 only until December 31, 1965.
Third title common provisions article 30 (1) is within the scope of § 11 no. 1 legislation referred to in letters a, b and d into its legal nature according to refund legal claim (§§ 1, 3) mistakenly according to §§ 189, 231 of the federal compensation law until April 1, 1958 at been reported, so this application is deemed timely registration under sections 27, 29, if the identifiable assets are identifiable from the application , required for the replacement; the same also applies when the registration is made after the deadline of section 189 of the federal compensation law until April 1, 1959. By registering applies also the complaint period of § 28 para 2 as maintained.
(2) is within the scope of § 11 no. 1 letter c aforementioned legislation into its legal nature according to refund legal claim (§§ 1, 3) erroneously according to §§ 189, 231 of the federal compensation law until April 1, 1958 at been reported, the deadline is deemed met if from the application the identifiable assets are identifiable, required for the replacement; the same also applies when the registration is made after the deadline of section 189 of the federal compensation law until April 1, 1959. The registration is also considered timely registration under sections 27, 29 (3) it is believed that registration is done by mistake within the meaning of paragraphs 1 and 2, if it contains a sufficient the refund legal examine description of assets in loss or if the pending damage within the territory of the Kingdom occurred after able by December 31, 1937. The same assumption applies when the application before July 23, 1957, or, if it was not filed out of the scope of the Act has been carried out prior to October 23, 1957. Lack of these conditions, so an erroneous registration within the meaning of paragraphs 1 and 2 shall only if the applicant can prove that one who has made the application, knew the facts at the time of registration, whose giving would have been required after the refund regulations for a proper registration is the booking made through a representative, is § 166 of the Civil Code apply.
(4) a compensation procedure is pending, the compensation body has to refer the case on request via the competent central receiving to the competent authority of redress. The application may be made only up to September 5, 1970.
(5) is about the claim in the compensation proceedings wholly or partly unappealable or legally been decided or validly have come to an amicable settlement, is a registration according to paragraphs 1 and 2 cancelled, if the claim is made within one year after nonrepudiation or legal force of the decision or legal validity of amicable settlement in the refund procedure. This period does not end but before 8 October 1965 article 27 par. 4 and § 28 para 4 find appropriate application.
(6) is in Saarland its legal nature to refund legal claim (§§ 1, 3) erroneously according to §§ 189, 231 of the federal compensation act as amended by the Act No. 658 to the introduction of the federal compensation law of February 6, 1959 (Official Journal of the Saarland p. 759) been registered until December 31, 1959, the time-limit of § 28 para 2 as maintained, shall apply if there are identifiable assets from the application , required for the replacement; the registration is also considered timely registration under sections 27, 29. The period of paragraph 4 sentence 2 in this case does not end before 31 March 1968 footnote section 30, paragraph 1, sentence 1 and paragraph 2 set 1: IdF d. Article I no. 9 G v. 2.10.1964 I 809, 930 gem. BVerfGE v. 24.7.1968 I 967 void insofar as it contains the restriction "If the lockable objects are visible from the application ", for which replacement is required" - 1 BvR 537/65 - section 30a (1) is a procedure of refund claims (§§ 1, 3) pending before an incompetent compensation authority, so the thing is at the request of the beneficiary via the competent central receiving to the competent authority of the compensation or, if one does not exist such to point 1 on the compensation court instance.
(2) such a procedure when an incompetent compensation court is pending, the thing at the request of the person entitled shall be reference 1 instance via the competent central receiving redress authority or to the competent court for compensation.

§ 30B is a refund legal claim (§§ 1, 3) be given effect according to the § 11 no. 1 letters a, b and d referred to in legislation or logged after the sections 27, 29 and 30 replacement been requested without having the individual identifiable assets are visible, for the is, so the registration will be cancelled, if not until 5 September 1970 the description of the individual items for the replacement is required , have been obtained.
Fifth section payment obligation of the Federal Republic of Germany of first title loads pay and ranking of claims article 31 (1) the Federal Republic of Germany is obliged to refund legal claims (§§ 1, 3) to meet in accordance with the following provisions.
(2) the Federal Government is the burden arising from the obligation referred to in paragraph 1.

Section 32 (1) the refund legal rights (sections 1, 3) are summarised in a communication (article 38) for the individual beneficiary and satisfied according to the following rules.
(2) by the for the individual beneficiary total in the decision (article 38) identified amount be satisfied 1 claims amount exceeding in amount of 75 per cent of the 40,000 German mark and mark up to a limit of 40,000 German;
2. claims in the amount of the remaining 25 per cent of the 40,000 German mark of exceeding the amount a) from January 1, 1965, when entitled to a natural person, who has reached the age of 65, b) from January 1, 1966, when a legal person are entitled, after their Charter or any other constitutional and according to their actual management directly and exclusively Church , non-profit or charitable purposes, c) from January 1, 1967, when entitled to other than the persons referred to in letter a and b.

Article 33-34 (1) which total established amount is for the individual owner in the decision (article 38), insofar as he is still not paid on December 31, 1967, shall be payable on 1 January 1968. The interest amount to 1 per cent for every commenced quarter.
(2) the right to claim of further default damages is excluded.

section 35 
The provisions of §§ 32, 34 shall not apply to the satisfaction of legal refund claims referred to in article 14, para. 3 (sections 1, 3) the successor organisations or their successors in title.

Inputs are on the section 36 of the Federal Republic of Germany according to §§ 32, counted 34 services for concurrent. The same applies for loans, which are granted with the proviso of a clearing under rules of refund legal financial obligations of the German Empire. The credit will take effect on April 1, 1956; who received eligible advance or loan after April 1, 1956, the credit will take effect on the day of payment.

Section 37 is a refund legal claim (§§ 1, 3) according to § 25 partially transitioned to a country, to be so after the sections 32, 34 to supplier payments results to the satisfaction of the flowed claim on the land.
Second title procedures of section 38 (1) the Federal Office for central services and unresolved property issues given the party entitled to refund legal claims to be fulfilled pursuant to § 31 of the Federal Republic of Germany (§§ 1, 3) an administrative decision. In the case of article 14, paragraph 1, is to pronounce in the decision whether and to what extent the decision or the amicable agreement supplemented as according to in accordance with sections 15 to 26 or amended applies.
(2) (dropped out) section 39 (1) the decision is supposed to contain 1 the designation of some authority, 2. the personal data of the holder, 3. the personal data of the persecuted, as far as this is not the same person with the person entitled, 4. the designation of the decisions underlying the decision or amicable settlements, 5. specifying the amount of the refund legal claims under consideration of article 23, 6 specifying the amount of the total amount of money , 7. the distribution of the sum of money in accordance with § 32, 8 the deduction of intermediate consumption or loans (section 36), 9 the indication of the beneficiaries in the case of § 37, 10 payable pointing out that in the context of § 34 interest, 11 the reasons for the breakdown of the amount of money, 12 the instruction about appeal, 13 the date and the signature.
(2) in the case of § 38 paragraph 1 sentence 2 to the decision also contain the reasons for the change or amendment in accordance with article 14, paragraph 1.

Section 40 (1) the Federal Office for central services and unresolved property issues has officio for the decision pursuant to § 39 para 1 finding no. 5 and 7 significant facts; all authorities and courts have to make it official and legal assistance free of charge.
(2) the Federal Office for central services and unresolved property issues in particular a representative of the Federal Republic, in whose district, a person, a witness or an expert has his domicile or permanent residence, can seek interrogation of the entitled party, witness or expert. Here are the facts to indicate which should be the subject of the hearing.
(3) the Federal Office for central services and unresolved property issues is entitled to receive insurance in lieu of oath.
(4) the owner and his representative can review the files of the Federal Office for central services and assets questions including this acts drawn up. Let it make excerpts and copies itself or against reimbursement of grant.
(5) special reasons, the insight in the files or the parts and the production or issuance of extracts and transcripts can be refused the applicant and his agent, if it is not a lawyer.
(6) only lawyers have the right on handing over the files.

Section 41 which decision is to deliver to the owner. Deliveries are made according to the regulations of the Administrative Service Act.

Section 42 (1) within a period of three months after the notification of the decision may apply for the legitimate judicial decision; the application can be supported, in particular, that incorrectly made the distribution of the sum of money in accordance with § 32 in the notification or, if prior to entry into force of this Act a court decision final or an amicable settlement has become legally valid (§ 14 para 1), the amount of the amount of money in the decision is incorrectly set. The beneficiary abroad, lives within six months is at the point of the period of three months.
(2) the periods referred to in paragraph 1 are not terms and start with the delivery of the decision, unless it contains the instruction on the appeal pursuant to § 39 para 1 No. 13.
(3) within the scope of which is no. 1 in § 11 letters a, b and d referred to in legislation on the application to set the compensation Chamber of the competent District Court. Within the scope of § 11 no. 1 legislation referred to is letter c to submit the complaint to the restitution Chamber of the competent District Court.
(4) jurisdiction is the District Court, which has been responsible in the previous reimbursement procedure or would have been. This District Court for refund procedure is no longer valid, the District Court, has transitioned its jurisdiction is in its place.
(5) on the procedure find the legislation to the refund of adjustment assets (§ 11 no. 1) application. A lawyer does not exist.

§ 43 payment immediately after delivery of the decision in the amount owed to this decision.

§ 43a (1) is a legal refund claim (§§ 1, 3) established by a final decision or legal amicable and that the legitimate uses unfair means or made intentionally or recklessly false or deceptive declarations above ground or of the claim, causes or has admitted, as the Federal Office for central services and unresolved property issues can apply for, it turns out later, refund legal claim under revocation of the decision or of the amicable wholly or partly reject.
(2) was already taken a decision so the application can join with the request referred to in paragraph 1, to amend the decision and to condemn the persons entitled to the reimbursement of the already effected services.
(3) the request is possible under paragraphs 1 and 2 only within a period of 6 months. The period begins with the day on which the Federal Office for central services and asset questions from the facts gained knowledge, justifying the request under paragraph 1 or 2. After 5 years, the application is inadmissible; This period begins with the day on which the decision legally or the amicable agreement has become legally valid, but not before 8 October 1964 (4) finding § 42 para 3 to 5 application.
Sixth section hardship compensation section 44 (1) natural persons, identifiable assets are been deprived in the territorial scope of this Act by one of the entities referred to in article 1, a hardship compensation may be granted on request to mitigate an emergency based on the withdrawal.
(2) the same applies to legal persons and their legal successors, insofar as they are charitable in the sense of the public interest regulation and of hardship compensation for the performance of their duties in the territorial scope of this Act is required.
(3) the hardness services may not exceed a total German mark amounting to 10 million pursuant to paragraphs 1 and 2.
(4) applications are referred to in paragraph 1 until April 1, 1959, applications are referred to in paragraph 2 until October 8, 1965 by the Federal Office for central services and open property questions.

section 44a (1) is a legal refund claim (§§ 1, 3) due to the removal of household goods in the formerly occupied territories of the West or due to the removal of jewellery and precious metal objects in the formerly occupied or integrated areas within the period of §§ 29, 27 not logged in have been, can request a hardship compensation be granted when such assets on the basis of General measures from the withdrawal area wholly or mainly in the relevant range according to § 5. The General measures referred to in sentence 1 and the areas of deprivation and withdrawal periods for which they have been taken, shall be described by regulation of the Federal Government, which require the consent of the Federal Council, By regulation of the Federal Government, which require the consent of the Federal Council, it can be determined that a hardship compensation due to the withdrawal of others as objects referred to in sentence 1 may be granted when such items on the basis of General measures from the withdrawal area wholly or mainly in the relevant range according to § 5;. Sentence 2 shall apply accordingly. Regulations may be adopted pursuant to sentence 2 and 3 only until December 31, 1965.
(2) a hardship compensation is granted only to natural persons who were owners of the withdrawn items at the time of the abduction. The owner died, the hardship compensation is granted the surviving spouse and the children of the owner.
(3) a hardship compensation is not granted if the persons receiving under paragraph 2 had their domicile or permanent residence in areas on October 8, 1964, maintains no diplomatic relations with their Governments of the Federal Republic of Germany at that time. § 45 para 2 finds appropriate application.
(4) the request for hardship compensation is possible by persons receiving referred to in paragraph 2; several people are legitimated, the application of a person for the benefit of all receiving persons who are known to the authority when deciding on the hardship compensation under paragraph 5 shall apply. An application people receiving under paragraph 2 or a request for the benefit of several Empfangsberechtigter, shall be the hardship compensation is jointly granted them. You may in the cases of paragraph 2 sentence 2 in relation to each other to the shares the their shares in the estate of the owner (paragraph 2 sentence 1) match.
(5) the Federal Government determines by means of an Ordinance which require the consent of the Federal Council, the authority competent for the receipt of the request and the decision about the hardship compensation. The request must be received authority within one year following the entry into force of the Legislative Decree pursuant to sentence 1.
(6) the authority under paragraph 5 has officio establish all for giving hardness balance significant facts; all authorities and courts have to make it official and legal assistance free of charge. Authority in accordance with paragraph 5 is entitled to receive insurance in lieu of oath.
(7) the hardship compensation amounts to 2,000 German mark for the removal of household goods in the 8,000 Deutsche mark, with the removal of jewellery and precious metal objects in the formerly occupied Western Territories formerly occupied or integrated areas. The hardship compensation amounts but not more than two-thirds of the replacement value (section 16) of the withdrawn items.
(8) as far as giving it a sentence in paragraph 1 3 proposed regulation hardship compensation for others as in paragraph 1 sentence 1 such subject-matter admits, can also determine which advances on the hardship compensation paid; Paragraph 7 sentence 2 shall apply accordingly.
(9) several members of the family community are revoked by assets, of hardship compensation is granted only once. The payments increase after paragraph 7 in this case to 20 per cent for the spouse, and to 10 per cent for each child. The hardship compensation amounts but not more than two-thirds of the replacement value (section 16) of the assets withdrawn from the family community as a whole. Family communities are spouses and their unmarried children, who had; not yet aged 21 years Age and marital status at the time of the abduction are decisive.
(10) the hardship compensation is granted to members of the family community together in the case of paragraph 9. They are involved in the relation to each other according to the replacement value of items withdrawn from them on the hardship compensation. Is a member of the family died, paragraph 2 shall set 2 application.
(11) the implementation of the provisions of the paragraphs 1 to 10 is carried out within the limits of funds placed in the respective budget.
Seventh section final provisions article 45 (1) claims are not met according to this law, as long as the beneficial owner has his domicile or permanent residence in areas, with their Governments, the Federal Republic of Germany maintains no diplomatic relations.
(2) the Federal Government can determine, which States that the Federal Republic of Germany has no diplomatic relations with their Governments, be treated as if diplomatic relations would be with them.

This law shall apply in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl § 46 (1). I p. 1) also in the Federal State of Berlin.
(2) where reference is included in paragraphs 11, 20 and 21 on the provisions on the restructuring of the monetary system, the corresponding regulations there take the place of those rules in Berlin.

47 this Act does not apply section in the Saarland.

§ 48 this Act enter into force on the day of its promulgation.