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

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Federal Law on the settlement of restitution law liabilities of the German Reich and equivalent legal entities (Bundesrückerrefund gesetz-BRüG)

Non-official Table of Contents

BRüG

Date of expiry: 19.07.1957

Full quote:

" Federal restitution law in the adjusted version published in the Bundesgesetzblatt part III, outline number 250-1, the latest by Article 21 Paragraph 1 of the Law of 29. June 2015 (BGBl. I p. 1042) "

:Last modified by Art. 21 (1) G v. 29.6.2015 I 1042

See Notes

Footnote

(+ + + Text Proof: 6.9.1969 + + +)

for details.

The G shall apply in accordance with d. Art. 12 G v. 21.12.1967 63-13; it is valid in the Saarland according to. Art. I in accordance with d. Art. II G v. 12.1.1967 I 133. unofficial table of contents

content overview

First section
General rules and definitions § § 1 to 11
Second section
Newly founded restitution claims§ § 12 to 13
Third party Section
Treatment of the restitution law to be satisfied under this law Claims§ § 14 to 26
Fourth Section
Registration of restitution rights and other procedures
 First Title
Newly-founded claims§ § 27 to 28
Second Title
re-opening of login lists§ 29
Third Title
Common Rules§ 30
Fifth Section
Payment obligation of the Federal Republic of Germany
First Title
Load bearing and ranking of claims§ § 31 to 37
 Second Title
Method§ § 38 to 43
Sixth Section
Hardship compensation§ 44
Seventh Section
Final Provisions§ § 45 to 48

First section
General rules and definitions

Non-Official Table of Contents

§ 1

(1) This law applies to claims against reimbursement of the German Reich, including the German Reich Special assets Deutsche Reichsbahn and Deutsche Reichspost Application.(2) This law shall also apply to restitution claims against
1.
the former Land Prussia,
2.
the company Reichsautobahnen,
3.
the former The National Socialist German Workers ' Party (NSDAP), its affiliations, its affiliated associations and the other dissolved NS facilities,
4.
the The Association of Jews in Germany and the Emigration Fund Böhmen and Moravia.
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§ 2

Claims for restitution within the meaning of this Act are claims which are subject to the legislation for the refund of fixed assets (Section 11 (1)) or to the provisions of this Law Rep. or whose legal successor is due and is directed to an amount of money or to compensation. Non-official table of contents

§ 2a

(1) A legal entity referred to in § 1 is in the sense of the legislation referred to in Article 11 (1) (a) of the In respect of a fixed property subject to a repayment of property, if, contrary to the principles of the rule of law, it confers or has acquired the property, ownership, possession or power of disposal.(2) A legal entity referred to in § 1 shall, within the meaning of paragraph 1, be subject to repayment, in particular if it has imposed on the person being persecuted, the property that can be fixed to a particular acquirer or to a large number of specific persons. To be divaged.(3) The obligation to repay any of the entities referred to in § 1 in the sense of paragraphs 1 and 2 shall not be excluded by the fact that the person being persecuted has been forced by means of persecution to take part in the sale of the fixed property. be involved.(4) A legal entity referred to in § 1 shall not be subject to repayment in the sense of paragraphs 1 and 2 even if the persecuted person has sold a fixed property in order to pay unlawfully special charges or if the person concerned has been subject to a fixed asset. to be able to carry out capital transfers.(5) Where the property referred to in Article 11 (1) (b) and (c) has been withdrawn from one of the entities referred to in paragraph 1 above, that legal entity shall be subject to a claim for damages in the event of the loss of property rights in the case of Items have been lost, damaged, or reduced in value; § 848 of the Civil Code shall apply. The same shall apply in cases where fixed assets have been withdrawn from one of the entities referred to in Article 1 and have been shown to have been within the scope of the legislation referred to in Article 11 (1) (b) and (c). Non-official table of contents

§ 3

The rights of restitution of the entities referred to in § 1 shall be subject to restitution law. Any claims which may be directed against the Federal Government or any other public entity only on the basis of a succession of assets or duties in accordance with the legal entities referred to in § 1. undelivered table of contents

§ 4

A third party has revoked assets that are different from a legal transaction that is not legal have been transferred to one of the entities referred to in paragraph 1 above, a claim for damages in relation to the third party, determined in accordance with the legislation relating to the reimbursement of fixed assets (Article 11 (1)), shall apply only to the third party. Legal entities. Claims under the legislation for the restitution of fixed assets (§ 11 No. 1) remain unaffected. Non-official table of contents

§ 5

(1) Can be fixed assets from one of the entities referred to in § 1 outside the If it has been removed from the scope of this law and it has been shown that it is within this scope after the withdrawal, without the place where the goods have arrived, the objects shall be deemed to be within the scope of the provisions of § 11 Point (d) of the legislation on the restitution of fixed assets. The same shall apply if the assets withdrawn have been verifiably entered into the territory of Berlin within the limits laid down in Section 4 of the Berlin Constitution of 1950.(2) The assets of one of the entities referred to in § 1 have been withdrawn outside the scope of the legislation referred to in Article 11 (1) and the Saarland, and demonstrable in the Saarland after the withdrawal of assets. without the place where the goods have arrived, the goods shall be considered to be within the scope of the legislation referred to in Article 11 (1) (d) for the restitution of fixed assets. Non-tampering table of contents

§ 5a

The assets that are lost are defined by one of the entities referred to in § 1 within the limits laid down in Article 4 of the Berlin Constitution of 1950 but outside the territory of the present western sectors of Berlin, the withdrawal shall be deemed to be within the scope of the provisions of Article 11 (1) (d) , where the persons to whom the assets have been withdrawn or their legal successor at any time between the 30 years and the date of the withdrawal of the assets are subject to the said legislation. January 1933 and 31. The Federal Republic of Germany, the Federal Republic of Germany, the Federal Republic of Germany, the Federal Republic of Germany, and the Federal Republic of Germany, have had their residence or permanent residence or registered office in the scope of October 1964 Diplomatic relations. Section 45 (2) shall apply. Non-official table of contents

§ 6

Before the entry into force of this law, the law on a restitution law claim (§ § 1, 3) is wholly or partially The decision or the amicable agreement shall have only the effect provided for in that law. Non-official table of contents

§ 6a

In proceedings on restitution claims (§ § 1, 3), a claim can be made in whole or in part by court decision shall be refused if the person entitled to do so has made use of unfair or grossly negligent or fraudulently incorrect or misleading information about the reason or the amount of the claim, has caused or has authorised. Non-official table of contents

§ 7

On the basis of claims for restitution law (§ § 1, 3), benefits may only be required under the terms of this law. . Non-official table of contents

§ 7a

(1) In proceedings on restitution claims (§ § 1, 3), the submission of a certificate of inheritance shall be waited. if the hereditary authorization is also verifiable without presenting an inheritance.(2) In the event that a restitution organ requires the submission of a certificate of inheritance, the resignation court shall, at the request of the person entitled to restitution, grant a certificate of inheritance for the claim for refund. Where, according to one of the legislation referred to in Article 11 (1) (a), (b) and (d), a death presumption of death, or another date of death, has been found to be a presumption of death, that presumption shall be or a determination to grant such a certificate of inheritance.(3) The granting of the certificate of inheritance for the claim for a refund, including the previous procedure, is free of charge and non-levies. This does not apply to the acceptance of the afficionary insurance under § 352 (3) sentence 3 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction. Non-official table of contents

§ 8

Restitution claims (§ § 1, 3) can be resigned, pledged or paved. Non-official table of contents

§ 9

The legal entities referred to in § 1 shall be replaced by the legal entities referred to in § § 1, 3. Federal Minister of Finance, or subordinate authorities of the Federal Finance Administration to be determined by him. Non-official table of contents

§ 10

To the extent that one of the legal entities referred to in § 1 is subject to a procedure for restitution law claims (§ § 1, 3) shall be obligated or obligated to reimburse the person entitled to the costs of the proceedings, the right to reimbursement of expenses shall be directed against the Federal Government. Non-official table of contents

§ 11

This law refers to
1.
as legislation to reimburse permanent assets
a)
the Law No 59 of 10. November 1947 (Refund of fixed assets) of the Military Government Germany-American Control Area-(Official Journal of the Military Government of Germany-American Control Area-Issue G of 10. 1), as amended by the entry into force of this Act, and its implementing rules,
b)
Act No 59 of 12 November 1947. May 1949 (Refund of fixed assets to victims of the National Socialist repressive measures) of the Military Government of Germany-British control area-(Official Journal of the Military Government of Germany-British No 28 p. 1169), as amended by the entry into force of this Act, and its implementing rules,
c)
Regulation No 120 of 10 June 2003, p. November 1947 (Refund of stolen property) of the Military Government of Germany-French Control Area-(Official Journal of the French Oberkommandos in Germany No. 119 of 14 December 2008). 1219), as amended by the entry into force of this Act, and its implementing rules,
d)
the BK/O (49) 180 of the 26. July 1949 (Refund of fixed assets to victims of the National Socialist oppressive measures) of the Allied Commander Berlin (Regulation sheet for Groß-Berlin Part I 1949 p. 221) in the case of the entry into force of this Act , and its implementing rules;
2.
as successor organisations
a)
which is set out in Article 13 of Law No. 59 of 10. In November 1947, the Military Government of Germany-the American Control Area-defined by Regulation No 3, and in accordance with Article 9 of the BK/O (49) 180 of 26. July 1949 of the Allied Commander Berlin through the order of 1. October 1949 of the American Commander of Berlin and the Order No 58 of 8. June 1950, the French military government of Berlin appointed Jewish Restitution Successor Organization (IRSO),
b)
according to Article 8 of Law No 59 of 12 June 2000. May 1949 the Military Government of Germany-British Control Area-by means of the seventh implementing regulation of 1. August 1950, further Article 9 of the BK/O (49) 180 of 26. The Jewish Trust Corporation for Germany (ITC), which was appointed by the Implementing Regulation No. 2, was appointed by the Berlin-based Allied Command (ITC) in July 1949, and by the Eighth Implementing Regulation of the 15th. November 1950 and the Eleventh Implementing Regulation of 12. March 1951 relating to the abovementioned Law No 59 of the United Kingdom Military Government and pursuant to Regulation No 4 of 29 December 2002. Article 9 of the Order BK/O (49) 180 established General Trust Organization (ATO),
c)
which, pursuant to Article 9 (2) and Article 14 (1) of Regulation No 120 of 10 November 1947 of the Military Government of Germany-French Control Area-(in the version of Regulation No 268 of 29 November). The French section of the Jewish Trust Corporation, designated by Regulation No 177 pursuant to Article 21a of Regulation No 120 (as amended by Regulation No 268), was established by the countries of the Community in September 1951 and under the terms of Regulation No 177. for Germany;
3.
as the Federal Compensation Act, the Federal Law on Compensation for Victims of National Socialist Persecution (Bundesentschädigungsgesetz- BEG) in the version of the Act of 29. June 1956 (Bundesgesetzbl. 559);
4.
The Third Law on the Reorganization of the Money (Conversion Act)-Law No 63 of the American and British Military Government (Official Journal of the Military Government of Germany-American Control Area-Edition J p. 21 and Official Journal of the Military Government of Germany-British Control Area-p. 862) and Regulation No 160 of the French Oberkommandos (Official Journal of the French Oberkommandos in Germany, p. 1537);
5.
as conversion supplement law, the law on the amendment of the provisions of the right of conversion and on the equipping of the Berlin Altbanken with countervailing requirements (conversion supplement law) of 21. September 1953 (Bundesgesetzbl. 1439);
6.
Act to mitigate the hardship of the currency reform (Altsparergesetz) in the version of the 1. April 1959 (Bundesgesetzbl. 169) in conjunction with the Law on § 4 (4) of the Altsparergesetz of 10. December 1954 (Bundesgesetzblatt I p. 438);
7.
as the Reichsvaluation law of the Reich valuation law of 16. October 1934 (Reichsgesetzbl. 1035) as amended by the Law on the valuation of assets for the calendar years 1949 to 1951 (main assessment 1949) of the 16. January 1952 (Bundesgesetzbl. I p. 22).

Second Section
Newly Justified Claims Rights

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§ 12

(1) In the scope of the Regulation No 120 referred to in Article 11 (1) (c), assets which were detectable at the time of the withdrawal, are listed in the scope of Articles 1 to 3 of this Regulation. If the goods have been withdrawn from one of the legal entities referred to in § 1, this legal entity shall be liable for damages if the goods have been lost, damaged or diminished in their value; the same shall apply where such assets are first withdrawn from a third party and then transferred to one of the entities referred to in Article 1. A liability for damages of the legal entity shall not exist if the legal entity proves that the loss, damage or impairment is not based on his or her fault.(2) A legal entity referred to in § 1 by cash payment or by way of a statement of payment shall not be regarded as a fixed property within the meaning of paragraph 1.(3) If, before the entry into force of this law, a final decision has been taken in whole or in part in a compensation procedure for a claim under paragraph 1, or if an amicable agreement has been reached on this claim, the Decision or the amicable agreement of a decision or an amicable settlement in the refund procedure.(4) A liability for damages of the entities referred to in § 1 referred to in paragraph 1 does not exist in relation to successor organisations. Non-official table of contents

§ 13

(1) Is a relocation property in a European location outside the scope of this law by the German The German Reich has been deprived of its assets under the legislation for the restitution of fixed assets, or in accordance with § 12 of the law on damages, if the persecuted person has emigrated from the scope of this law, or He intended to emigrate and has had his last residence or permanent residence within the scope of this Act prior to emigration or before the transfer of the goods to be relocation. Withdrawal shall be deemed to take place at the place where the person persecuted before emigration or before the transfer of the goods to be relocated has had his last residence or permanent residence within the scope of this Act.(2) The claim referred to in paragraph 1 shall not apply if
1.
is a claim under the legislation Reimbursement of fixed assets (§ 11 No. 1) or given in accordance with § 12 or
2.
the right to move at the place of destination at the free disposal of the owner .
(3) A liability for damages of the German Reich under paragraph 1 does not exist in relation to successor organisations.(4) The liability for damages of the German Reich shall not be the same as the extent to which the entitled compensation has been received from another State. To the extent that such compensation has been made in foreign currency, it shall be one of the following:

Third Section
Treatment of the restitution rights to be fulfilled under this Act

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§ 14

(1) Before the entry into force of this law, the law on a restitution law claim (§ § 1, 3) is wholly or partially The decision or the amicable agreement shall be amended or amended as amended in accordance with Sections 15 to 26 of the Agreement or the amicable settlement of the agreement. The same shall apply if a previous decision after the entry into force of this Act becomes legally valid or if a previously agreed amicable settlement has become legally valid after the entry into force of this Act.(2) If, upon the entry into force of this Act, a decision has not yet been taken on a restitution law claim (§ § 1, 3), the decision shall be taken in accordance with § § 15 to 26.(3) § § § 15 to 26 shall apply to claims of the successor organisations or their legal successor, which fall under the global agreements concluded between the Federal Republic of Germany and the successor organisations or their legal successor organisations. no application. Non-official table of contents

§ 15

(1) Restitution claims for payment of a Reichsmark amount are deemed to be at the time of the Currency conversion in the ratio of 10: 1 to Deutsche Mark.(2) The amount converted in accordance with paragraph 1 shall be galvanic. The interest shall be paid by a sum of 25 per cent of the amount repaid.(3) Paragraph 2 shall not apply to rights of restitution which are based on the publication of the net yield of the uses. Non-official table of contents

§ 16

(1) Restitution claims for damages are directed to replacement performance in the German mark, even if they are addressed in accordance with the provisions of the civil law for the production of the state which would exist if the circumstance to replace it had not occurred. In determining the amount of the compensation amount, the replacement value of the withdrawn property shall be based on the scope of this Act. The value of the replacement shall be determined on the 1. In the event of withdrawal, the condition shall be taken into account at the time of withdrawal from the date of withdrawal.(2) A replacement shall not be provided for benefits which would have been granted to the use of the withdrawn property. If any other benefits or interest or other monetary value have been advantageous, the amount of the compensation referred to in paragraph 1 shall be added to 25 of the hundred; the surcharge of 25 from the hundred shall be reduced to 10 of the hundred when benefits are or other monetary value benefits of withdrawn shares or other holdings have been dismissed. Non-official table of contents

§ 17

(1) Lates the replacement value of the withdrawn asset on the 1. The value of the asset in the balance of 10: 1 in the date of withdrawal shall not be determined or if it is less than the value of the asset at the time of the withdrawal in relation to 10: 1 in the German mark, the value of the asset in the balance of 10: 1 in the German mark shall be valid in the Date of withdrawal as an amount of compensation.(2) § 16 (2) shall apply. This shall not apply in so far as the amount of the compensation referred to in paragraph 1 is calculated from the lost uses or interest or other monetary value advantages. Non-official table of contents

§ 18

Before the entry into force of this law, the amount of the damages is due to a final decision, or the amount fixed in German mark has been fixed, the amount fixed shall be deemed to be the amount of compensation according to § 16 or § 17, unless it is to be provided for compensation for withdrawn claims or securities; Section 14 (1) sentence 2 shall apply appropriate application. If, before the entry into force of this Act, the amount of the compensation amount has been determined by a final decision without taking into account the lost interest and benefits and other monetary value benefits in the German mark, the amount of the damages shall be increased the amount of compensation for the amount referred to in § 16 (2) sentence 2 or in § 17 (2). Non-official table of contents

§ 19

In case of restitution claims for damages on payment of a pension, the up to the 31. The amounts due in March 1956 are calculated on the basis that the amounts of the Reichsmark are converted into Deutsche Mark in a ratio of 10: 1. The from 1. The pension to be paid in April 1956 is to be capitalised. The capital value of the pension is to be calculated in accordance with the provisions of the Reichsvaluation Act. Non-official table of contents

§ 20

(1) In the case of restitution claims for damages due to the withdrawal of a Reichsmark request, which are not The withdrawal of the Reich market claim in the sense of Section 13 (3) of the Relocation Act applies to the calculation of the amount of damages the Reichsmark claim as at the time of the changeover in the relationship to German mark, in which the Reichsmark claim would have been converted without the withdrawal; the withdrawn claim is directed against one of the debtors referred to in § 14 of the conversion law, the amount of the amount of the debtor shall be determined by the amount of the debt. Compensation for damages in accordance with the future statutory regulation of the claim against the debtors referred to in § 14 of the conversion law.(2) In the case of restitution claims for damages due to the withdrawal of a credit, which is without the withdrawal as an old money balance within the meaning of § 1 (1) (1) of the conversion law or as a parent credit within the meaning of § 1 (1) of the In order to assess the amount of the compensation, the balance shall be converted into the ratio of Deutsche Mark, in which it would have been converted without the withdrawal of the withdrawal.(3) § 16 para. 2 shall apply. Non-official table of contents

§ 21

(1) The amount of compensation pursuant to § 20 of the damages amount shall be the amount of the compensation in accordance with § 5 of the To be added to the old-saving law if the right to restitution is entitled to the person entitled because of the withdrawal of a Reichsmark claim (§ 20 para. 1), for which compensation would be granted under the old savings law. The withdrawn RM receivble shall be treated as if it had been granted to the beneficiary from the date of the withdrawal until the date of the changeover to Deutsche Mark.(2) Paragraph 1 shall apply in accordance with the provisions of this Article, provided that proof is provided that compensation under the old savings law would be granted for a withdrawn Reichsmark claim if it is not before the withdrawal for reasons of persecution in the sense of the Legislation on the restitution of fixed assets would have been converted into a Reichsmark requirement, for which compensation under the old savings law is not granted.(3) Paragraph 1 and 2 shall apply to the withdrawal of a credit (Section 20 (2)) of the Guthabens. Unofficial table of contents

§ 22

If the beneficiary of the same order of withdrawal has one of the legal entities referred to in § 1, has both a the right to compensation for restitution as well as a claim for reimbursement of the payment of an amount of the Reichsmark, or if he has such claims as optional, the one shall not be affected by the other; the person entitled must however, the amount which he acquires on the basis of a claim shall be calculated on the basis of the amount due to him on the basis of the other claim. Unofficial table of contents

§ 23

The right to restitution law (§ § 1, 3) is subject to a counter-claim from the same equalization state. , the right to restitution shall be reduced by the value of the counterclaim on the 1. Article 20 (1) of the second half-sentence shall apply mutatily. Non-official table of contents

§ 24

Is a restitution law claim (§ § 1, 3) at the date of entry into force of this law several The Community shall be excluded in view of this right, either by the person or by the whole of the hand, or by the Community in a fraction of a fraction of the total. An opposing agreement is void. Non-official table of contents

§ 25

(1) A restitution law claim (§ § 1, 3), to which a country benefits, goes up to the level of the Benefits to the country over. If the benefits have been brought about before the entry into force of this Act, the claim shall be deemed to have been transferred at the time of the benefits.(2) Paragraph 1 shall apply if a country has, on the basis of other statutory provisions, effected or effected benefits which are also due to the beneficiary on the basis of a claim for restitution.(3) A claim under paragraph 1 or 2 may not be claimed under this Act, insofar as a special levy within the meaning of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) has been paid by cash payment or on the basis of a statement of payment. Non-official table of contents

§ 26

If a refund law claim (§ § 1, 3) has been partially transferred to a third party, each of the following may be Entitled to claim the claim in whole. The claim can only be asserted in such a way that benefits are to be provided to the beneficiaries in accordance with their participation. The claim shall also be deemed to have been made in the whole, if a righteer merely asserts the part to which it departs.

Fourth Section
Registration of rights of restitution and claims and claims. Other procedure

First Title
Newly Claims

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§ 27

(1) Within the scope of the legislation referred to in Article 11 (1) (a), (b) and (d), claims under § 13 shall be notified by the authorized person to the relevant central registration office.(2) The notification shall be up to 1. The central registration office had been responsible for the operation of the central registration office in April 1959.(3) The period referred to in paragraph 2 shall be deemed to have been respected if the person entitled to the agreement is 1. In the case of an uncompetent central notification office in accordance with paragraph 1, the claim was filed in April 1959, or brought before the restitution chamber of an uncompetent regional court.(4) The procedure for the notification and the further procedure shall apply to the legislation on the restitution of fixed assets (Article 11 (1) (a), (b) and (d)). Non-official table of contents

§ 28

(1) In the scope of the legislation referred to in Section 11 (1) (c), claims pursuant to § § 12, 13 of to assert the person entitled by legal action before the Restitution Chamber of the competent regional court. If the claims before the entry into force of this law have been asserted in a compensation procedure, the filing of the action shall also be deemed to be the application to the compensation body to submit the case to the restitution chamber.(2) The action shall be up to 1. April 1959.(3) § 27 (3) shall apply mutatily.(4) The procedure shall apply to the legislation on the restitution of fixed assets (Article 11 (1) (c)). There is no need for a lawyer.(5) A plea in accordance with paragraph 1 shall not be required if, within the period of paragraph 2, an amicable agreement between the authorized person and the competent authority pursuant to § 9 of the Restitution Chamber pursuant to the provisions of Section 11 (1) (c) of the Restitution Chamber

Second Title
Reopening of the registration deadlines

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§ 29

(1) In the scope of the legislation referred to in § 11 (1) (a), (b) and (d), a restitution law claim (§ § 1, 3) of the Authorized persons shall be re-registered with the relevant central registration office, if and to the extent that this law is applicable
1.
the claim has been repudiated or
2.
the person entitled to use the login
(
) Paragraph 1 shall apply mutagentily if the person entitled to the claim is not entitled to the right of the person concerned. Claim shall not be notified within the period specified in the legislation for the restitution of fixed assets.(3) If the person entitled to the claim is entitled to the claim referred to in paragraph 1 or 2, a transfer of this right to a successor organisation shall be deemed not to have taken place.(4) In the case referred to in paragraph 1 (1), the legal force of a court decision shall not preclude the notified claim.(5) § 27 (2) to (4) shall apply. Non-official table of contents

§ 29a

(1) The time limits of § 27 (2), § 28 (2) and § 29 (5) shall be deemed to have been observed if the person entitled to the (§ § § 1, 3) erroneously filed with an uncompetent authority of the Federal Republic of Germany or filed by a lawsuit filed with an uncompetent court of the Federal Republic of Germany, and from the declaration of the identifiable assets is to be identified for which replacement is required.(2) The notification referred to in paragraph 1 shall become ineffective if the claim is not up to 8. It is claimed in the refund procedure in October 1965. Section 27 (4) and section 28 (4) shall apply. Non-official table of contents

§ 29b

(1) is a restitution law claim (§ § 1, 3) due to the deprivation of house councils in the former occupied Western areas or because of the deprivation of jewellery and precious metal objects in the formerly occupied or classified areas have been legally rejected or withdrawn because it was not necessary to prove that the withdrawal of the In the case of property, the claim may be reasserted in the refund procedure if such property is wholly or wholly based on the general measures taken from the deeducation area, or most of them have reached the relevant area in accordance with § 5.(2) The general measures referred to in paragraph 1 and the educational areas and withdrawal periods for which they have been taken shall be referred to by the Federal Government's legal regulation, which shall require the approval of the Bundesrat.(3) The claim shall be made within one year after the entry into force of the Regulation referred to in paragraph 2. Section 27 (4) and section 28 (4) shall apply.(4) By means of a legal regulation of the Federal Government, which requires the consent of the Federal Council, it may be determined that paragraphs 1 to 3 shall apply mutatily to the objects other than those referred to in paragraph 1, if such objects are due to reason: General measures, in whole or in part, have been taken in the relevant area in accordance with § 5.(5) Legal orders referred to in paragraphs 2 and 4 may only be subject to the provisions of 31 December 2008.

Third Title
Common Rules

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§ 30

(1) In the scope of the legislation referred to in Article 11 (1) (a), (b) and (d), the legal nature of the legislation is erroneous (§ § 1, 3) according to § § 189, 231 of the German law. Federal Indemnity Act to 1. In accordance with § § 27, 29 of the declaration, the application shall be deemed to have been filed in accordance with § § 27, 29 of the present application if the declaration of the fixed assets is to be recognized for the replacement; the same shall also apply if the application has been filed in accordance with Expiry of the period of § 189 of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) up to 1. April 1959. The application shall also be subject to the application of the application for the application of Section 28 (2).(2) In the scope of the legislation referred to in Article 11 (1) (c), a legal nature of the law (§ § 1, 3) in accordance with § § 189, 231 of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) is an erroneous legal nature up to 1. The application shall be deemed to have been complied with in April 1958, if the declaration of the property is identifiable by the application for which a replacement is required; the same shall also apply if the application is filed after the expiry of the period in section 189 of the Federal Indemnity Act to 1. April 1959. The application shall also be deemed to be a timely application in accordance with § § 27, 29.(3) It shall be presumed that the application has been made erroneously within the meaning of paragraphs 1 and 2 if it contains a description of the loss of assets in loss or if the description of the assets in question is sufficient to comply with the provisions of the application for restitution law. Damage declared within the territory of the Reichsgebiet according to the situation of 31. December 1937. The same presumption shall apply if the application is filed before the 23. or, if it was not submitted from the scope of the law, before the 23. It was adopted in October 1957. In the absence of such conditions, an erroneous application within the meaning of paragraphs 1 and 2 shall be provided only if the applicant proves that the person who made the application was aware of the facts at the time of the application, the indication of which for a proper application in accordance with the provisions of the restitution law, if the application has been made by a representative, § 166 of the German Civil Code shall apply accordingly.(4) If a compensation procedure is pending, the compensation body shall refer the matter to the responsible restitution authority upon request via the competent central registration office. The application can only be made up to 5. September 1970.(5) If the claim in the compensation procedure has been decided in whole or in part or has been finally decided or an amicable settlement has been concluded legally, an application under paragraphs 1 and 2 shall be ineffective if the Claim shall not be asserted within one year after the incontebility or legal force of the decision or validity of the amicable settlement in the refund procedure. However, this deadline does not end before the 8. October 1965. Section 27 (4) and section 28 (4) shall apply.(6) In the Saarland, one of its legal nature in accordance with the right to restitution law (§ § 1, 3) is erroneously pursuant to § § 189, 231 of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) in the version of Law No 658 on the introduction of the Federal Compensation Act of 6. February 1959 (Official Journal of the Saarland, p. 759), until 31 February 1959. In December 1959, the period of application of Section 28 (2) shall be deemed to have been complied with if the registered assets are identifiable from the application for which replacement is required; the application shall also be deemed to have been filed in accordance with § § § § § § § 28 (2). 27, 29. The period laid down in the second sentence of paragraph 4 shall not, in this case, end before 31 December. March 1968.

Footnote

§ 30 (1) sentence 1 and 2 sentence 1: IdF d. Art. I n ° 9 G v. 2.10.1964 I 809, 930 acc. BVerfGE v. 24.7.1968 I 967 void, insofar as it contains the restriction "if the declaration of the lockable objects for which replacement is required is required"-1 BvR 537/65- A non-official table of contents

§ 30a

(1) If a procedure on reimbursement claims (§ § 1, 3) is pending before an uncompetent reparation authority, the matter is up to Application by the person entitled to the competent office of restitution or, in the event that such a competent authority does not exist, to the competent reparation court 1. Instance to refer to.(2) If such proceedings are pending before an uncompetent court of restitution, the matter shall, at the request of the person concerned, be sent to the competent restitution authority or to the competent authority via the competent central registration office. Reparation Court 1. Instance to refer to. Non-official table of contents

§ 30b

A restitution law claim (§ § 1, 3) is legally valid in accordance with the provisions of § 11 No. 1 (a), (b) and (d) , or in accordance with § § 27, 29 and 30, without the individual identifiable assets being recognizable, the application shall be ineffective, if not up to 5. September 1970 the description of the individual items for which replacement is required.

Fifth Section
Payment obligation of the Federal Republic of Germany

First Title
Load Traction and Rank Order of Claims

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§ 31 

(1) The Federal Republic of Germany is obliged to comply with the rights of restitution law (§ § 1, 3) in accordance with the following provisions.(2) The burden arising from the obligation referred to in paragraph 1 shall be borne by the Federal Government. Non-official table of contents

§ 32

(1) The reimbursement rights claims (§ § 1, 3) are in a communication for the individual entitled (§ § § 1, § 3). 38) and satisfied in accordance with the following provisions.(2) The amount determined for the individual beneficiary as a whole in the communication (§ 38) shall be satisfied
1.
Claims up to the height of 40,000 Deutsche Mark and 75 out of the hundred of the 40,000 Deutsche Mark's amount;
2.
Claims in the amount of the remaining 25 from the hundred of the 40,000 Deutsche Mark amount exceeds
a)
from 1. January 1965, when the claim of a natural person is entitled to the 65. Life Year,
b)
from 1. January 1966, when the right to a legal person is entitled to, in accordance with its statutes or other constitution and by its actual management, exclusively and directly ecclesiastic, charitable or charitable purposes ,
c)
from 1. January 1967, if the claim is entitled to persons other than those referred to in points (a) and (b)
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§ 33

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§ 34

(1) The amount determined for the individual person in total in the communication (§ 38) is, as far as he is concerned, on 31 December 2008. December 1967 is not yet paid, from 1. January 1968 is to be galvanissed. The interest rates are 1 per cent for each quarter of the year.(2) The assertion of a further delay in delay is excluded. Non-official table of contents

§ 35

The provisions of § § 32, 34 do not apply to the satisfaction of the above mentioned § 14 (3). Reimbursement rights (§ § 1, 3) of the successor organisations or their legal successor. Non-official table of contents

§ 36

Services to be provided by the Federal Republic of Germany in accordance with § § 32, 34 . The same applies to loans granted on the basis of a settlement in accordance with the provisions of the German Reich's restitution-law funds. The calculation will take place on 1 January. 1 April 1956 effective; has the right to benefit or to grant loans after 1. On the date of payment, the settlement shall take effect on the day of payment. Non-official table of contents

§ 37

If a refund law claim (§ § 1, 3) has partly been transferred to a country pursuant to § 25, the In accordance with § § 32, 34, payments shall be made to the satisfaction of the previous claim to the country.

Second Title
Procedure

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§ 38

(1) The Federal Office of Central Services and Open Property Issues shall give the person entitled to be informed of the pursuant to § 31 of the Federal Republic of Germany Claims for restitution claims (§ § 1, 3). In the case of Section 14 (1), the decision shall be taken as to whether and to what extent the decision or the amicable agreement shall be deemed to be supplemented or amended in accordance with § § 15 to 26.(2) (omitted) unofficial table of contents

§ 39

(1) The communication should contain
1.
the designation of the issuing authority,
2.
the person's personal details,
3.
the personnel details of the person who has been persecuted, as far as this is done with the
4.
is the name of the decisions or certificates based on the decision,
5.
the specification of the amount of restitution rights, taking into account § 23,
6.
Indication of the total amount of money owed,
7.
the allocation of the amount of money according to § 32,
8.
the offsetting of advances or loans (§ 36),
9.
the nomination of the beneficiaries in the case of the § 37,
10.
The reference to the interest payable under § 34,
11.
the reasons for the allocation of the amount of money,
12.
the information about the appeal,
13.
the date and the signature.
(2) In the case of § 38 (1) sentence 2, the decision shall also contain the reasons for the amendment or amendment in accordance with § 14 (1). Non-official table of contents

§ 40

(1) The Federal Office for Central Services and Open Property Issues has all for the communication pursuant to section 39 of the Office of the Federal Office of the Interior (1) (5) and (7); all authorities and tribunals have to pay their official and legal assistance free of charge.(2) The Federal Office for Central Services and Open Property Issues may, in particular, be a foreign representative of the Federal Republic of Germany, in whose district a person entitled, a witness or an expert has his residence or permanent residence in order to: -request the hearing of the person entitled, witness or expert. This shall indicate the facts to be the subject of the hearing.(3) The Federal Office for Central Services and Open Property Issues shall be entitled to receive insurance in lieu of the Eides.(4) The person entitled and his authorized representative may inspect the files of the Federal Office for Central Services and Open Property Issues, including the files drawn up by the Federal Office. They can be used to produce excerpts and copies of them themselves or to have them reimbursed for reimbursement of costs.(5) For special reasons, the applicant and his authorised representative, if he is not a lawyer, may be denied access to the files or in parts of the file, as well as the manufacture or issue of extracts and copies.(6) Only lawyers shall have a right to be handed out the files. Non-official table of contents

§ 41

The decision is to be notified to the authorized person. Deliveries shall be made in accordance with the provisions of the Administrative Appointing Act. Non-official table of contents

§ 42

(1) Within a period of three months from the date of delivery of the notice, the authorized court may: The application may, in particular, be based on the fact that in the communication the allocation of the sum of money in accordance with § 32 is incorrect or, if a court decision before the entry into force of this law to be legally valid or an amicable settlement has become legally valid (§ 14 para. 1), the amount of the amount of money due is fixed in the communication inappropriately. If the person entitled resides abroad, the period of three months shall be replaced by a period of six months.(2) The time limits referred to in paragraph 1 shall be periods of emergency and shall commenceforward with the notification of the decision, provided that it contains the information on the appeal pursuant to Article 39 (1) (13).(3) In the scope of the legislation referred to in Article 11 (1) (a), (b) and (d), the application shall be addressed to the chamber of restitution of the competent regional court. Within the scope of the legislation referred to in Article 11 (1) (c), the action shall be filed with the Restitutionskammer of the competent regional court.(4) The District Court, which has been or would have been in charge of the previous refund procedure, shall be entitled. If this district court is no longer competent in the case of a refund procedure, it shall be replaced by the District Court, which has jurisdiction over its jurisdiction.(5) The procedure shall apply to the legislation relating to the restitution of fixed assets (Section 11 (1)). There is no need for a lawyer. Non-official table of contents

§ 43

The payment shall be made immediately after the date of delivery of the charge, in the amount of the amounts due under this decision. Non-official table of contents

§ 43a

(1) A restitution law claim (§ § 1, 3) by a final decision or a legally valid claim amicable agreement has been established and it is subsequently found that the beneficiary is using unfair means or has caused, intentionally or grossly negligently, inaccurate or misleading information on the grounds or the amount of the claim, or , the Federal Office for Central Services and Open Assets may request that the right to restitution be dismissed in whole or in part, subject to the annulment of the decision or the amicable settlement.(2) If a communication has already been received, the application referred to in paragraph 1 may be accompanied by the request to amend the communication and to condemn the person entitled to repay the services already effected.(3) The application referred to in paragraphs 1 and 2 may only be submitted within a period of 6 months. The period shall begin on the date on which the Federal Office for Central Services and Open Property Questions has become aware of the facts justifying the application referred to in paragraph 1 or 2. After 5 years, the application shall be inadmissible; this period shall begin with the date on which the decision has become legally valid or the amicable settlement has become legally valid, but not before the 8. October 1964.(4) § 42 (3) to (5) apply.

Sixth Section
Härtebalancing

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§ 44

(1) Natural persons who have been deprived of the property in the scope of this Act by one of the entities referred to in § 1 may, upon request, be able to mitigate one of the assets listed in the In the event of an emergency situation, a hardship compensation will be granted.(2) The same shall apply to legal persons and their legal successor in so far as they are non-profit in the sense of the Community Regulation and the hardness compensation is required for the performance of their tasks within the scope of this Act.(3) The amount of the hardships referred to in paragraphs 1 and 2 shall not exceed a total amount of 10 million Deutsche Mark.(4) Applications referred to in paragraph 1 shall be up to 1. April 1959, applications referred to in paragraph 2 shall be up to 8. October 1965 at the Federal Office for Central Services and Open Property Issues. Non-official table of contents

§ 44a

(1) A restitution law claim (§ § 1, 3) is due to the withdrawal of household goods in the former occupied territories. West areas or because of the withdrawal of jewelry and precious metal objects in the formerly occupied or classified areas within the period of § § 29, 27 not filed, can be granted on request a hardship compensation if: such assets have, on the basis of general measures taken from the educational area, have been wholly or predominantly in the relevant area under section 5 of this Article. The general measures referred to in the first sentence and the educational areas and periods of withdrawal for which they have been taken shall be referred to by the Federal Government's legal regulation, which requires the approval of the Bundesrat. By means of a legal regulation of the Federal Government, which requires the consent of the Bundesrat, it can be determined that a hardship compensation can also be granted on account of the withdrawal of objects other than those mentioned in the first sentence, if such objects are to be found on the market. The reason for the general measures taken from the educational area in whole or in the most part of the area covered by paragraph 5 is the same as the second sentence. Legal regulations according to sentence 2 and 3 can only be made by 31. It was adopted in December 1965.(2) A hardness compensation shall be granted only to natural persons who were the owners of the withdrawn goods at the time of the withdrawal. If the owner is deceased, the hardship compensation is granted to the surviving spouse and to the children of the owner.(3) A hardship compensation shall not be granted if the persons entitled to receive the rights referred to in paragraph 2 are 8. In October 1964, the Federal Republic of Germany had no diplomatic relations with the Federal Republic of Germany, either domially or permanently in territories. Section 45 (2) shall apply.(4) The application for compensation for hardship may be made by persons entitled to receive the rights referred to in paragraph 2; if several persons are entitled to receive, the application of an eligible person for the benefit of all persons entitled to receive the benefits shall be deemed to have been received by the person entitled to receive Paragraph 5 shall be known in the case of the decision on the compensation of hardship. If a request is made by a number of persons entitled to receive the benefits referred to in paragraph 2, or if a request is made for the benefit of a number of beneficiaries, the compensation shall be granted jointly to them. In the cases referred to in the second sentence of paragraph 2, they shall be entitled, in proportion to each other, to the shares corresponding to their shares in the estate of the owner (paragraph 2, sentence 1).(5) The Federal Government shall determine the competent authority for the acceptance of the application and the decision on the hardship compensation by means of a regulation which requires the approval of the Bundesrat. The application must be received within one year from the date of entry into force of the Regulation in the case of the competent authority as set out in the first sentence.(6) The competent authority referred to in paragraph 5 shall, on its own account, determine all the facts which are significant for the granting of the hardship compensation; all the authorities and the courts shall have the right to provide assistance and legal assistance to the authorities free of charge. The competent authority referred to in paragraph 5 shall be empowered to receive insurance in lieu of the oath.(7) The compensation for hardship in the withdrawal of household goods in the formerly occupied West Territories is 8,000 Deutsche Mark, in the withdrawal of jewellery and precious metal objects in the former occupied or classified territories 2,000 Deutsche Mark. However, the compensation for hardship amounts to a maximum of two thirds of the replacement value (§ 16) of the withdrawn items.(8) In so far as the legal regulation provided for in the third sentence of paragraph 1 also allows for a compensatory allowance for items other than those referred to in the first sentence of paragraph 1, it may also determine which advance payments are to be paid to the hardship compensation; paragraph 7, second sentence shall apply accordingly.(9) If assets have been withdrawn from a number of members of a family community, the hardship compensation shall be granted only once. In this case, the payments referred to in paragraph 7 increase by 20 per cent for the spouse and 10 per cent for each child. However, the compensation for hardship amounts to a maximum of two thirds of the replacement value (§ 16) of the assets withdrawn from the family community as a whole. As family communities, spouses and their unmarried matrimonial children are considered to be the 21-year-old. Age and family status at the time of deprivation are the determining factors.(10) In the case of paragraph 9, the compensation of hardship shall be granted to members of the family community. They are involved in the hardness compensation in proportion to each other in accordance with the replacement values of the objects which have been withdrawn from them. If a member of the family community is deceased, the second sentence of paragraph 2 shall be applicable.(11) The implementation of the provisions of paragraphs 1 to 10 shall be carried out within the limits of the appropriations entered in the relevant budget.

Seventh Section
Final Provisions

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§ 45

(1) Claims under this law will not be satisfied as long as the person entitled to his residence or permanent residence is A stay in areas with whose governments the Federal Republic of Germany does not have diplomatic relations.(2) The Federal Government can determine which States with whose governments the Federal Republic of Germany does not have diplomatic relations will be treated as if diplomatic relations were to be maintained with them. Non-official table of contents

§ 46

(1) This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4. January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin.(2) Where reference is made in § § 11, 20 and 21 to the provisions relating to the reorganisation of the monetary system, the relevant provisions in force there shall be replaced by the provisions of these provisions in Berlin. Non-official table of contents

§ 47

This law does not apply to the Saarland. Non-official table of contents

§ 48

This law enters into force on the day of its announcement.