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Federal Law on the settlement of restitution law liabilities of the German Reich and equivalent legal entities

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)

Unofficial table of contents

BRüG

Date of completion: 19.07.1957

Full quote:

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

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

For more details, please refer to the menu under Notes

Footnote

(+ + + Text credits applicable: 6.9.1969 + + +) 

The G shall apply in accordance with d. Art. 12 G v. 21.12.1967 63-13; it applies 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 Summary

First section
General provisions and definitions § § 1 to 11
Second section
Claims for restitution claims § § 12 to 13
Third Section
Treatment of restitution rights to be fulfilled in accordance with this Act § § 14 to 26
Fourth Section
Registration of restitution rights and further procedures
First Title
New claims § § 27 to 28
Second Title
Re-opening of the registration deadlines § 29
Third Title
Common rules § 30
Fifth Section
Payment by the Federal Republic of Germany
First Title
Load carrying and ranking of the claims § § 31 to 37
Second Title
Procedure § § 38 to 43
Sixth Section
Hardness compensation Section 44
Seventh Section
Final provisions § § 45 to 48

First section
General provisions and definitions

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§ 1

(1) This law applies to restitution claims against the German Reich, including the special assets of Deutsche Reichsbahn and Deutsche Reichspost. (2) This law also applies to restitution law. Claims against
1.
the former country of Prussia,
2.
the company Reichsautobahnen,
3.
the former National Socialist German Workers ' Party (NSDAP), its links, its affiliated associations and the other dissolved NS institutions,
4.
the Reichsvereinigung der Juden in Deutschland and the emigration fund Böhmen und Mähren.
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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 shall be subject to their legal successor and shall be subject to a sum of money or to compensation. Unofficial table of contents

§ 2a

(1) A legal entity referred to in § 1 shall be subject to repayment in the sense of the legislation referred to in Article 11 (1) (a) in respect of a fixed property if it is contrary to the rule of law (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 persecuted person the following: Fixed assets to a particular acquirer or to a variety of (3) The obligation to repay any of the entities referred to in Article 1 within the meaning of paragraphs 1 and 2 shall not be precluded by the fact that the person being persecuted has been forced to take part in the sale of the person concerned by the pursuit of the (4) In the sense of paragraphs 1 and 2, a legal entity referred to in § 1 shall not be subject to repayment if the persecuted person has sold a lockable property in order to comply with the law. To be able to pay special charges or to carry out a capital transfer. (5) Where, within the scope of the legislation referred to in Article 11 (1) (b) and (c), property rights of one of the entities referred to in Article 1 have been withdrawn, that legal entity shall be subject to damages in the event of the loss of property rights in the event 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). Unofficial table of contents

§ 3

The restitution rights against the entities referred to in § 1 shall be treated as restitution law claims which are against the legal entities referred to in § 1 only on the basis of the succession of assets or tasks against the Federal government or any other public entity. Unofficial table of contents

§ 4

Where a third party has withdrawn fixed assets which have been transferred to one of the entities referred to in Article 1 other than by means of a legal transaction, a restitution law shall be determined in accordance with the provisions of the legislation. Assets (Section 11 (1)), in relation to the third party, only those entities. Claims under the legislation for the restitution of fixed assets (§ 11 No. 1) remain unaffected. Unofficial table of contents

§ 5

(1) The assets of one of the entities referred to in § 1 have been withdrawn outside the scope of this Act and have been shown to be within the scope of the deprivation of property without the place where the property is situated. In the case of goods, the goods are considered to be within the scope of the legislation referred to in Article 11 (1) (d) for 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 § 4 of the Berlin Constitution of 1950. (2) Are property of one of the assets of the German Federal Republic of Germany (§ 1) have been withdrawn outside the scope of the legislation referred to in Article 11 (1) and the Saarland and have been demonstrably entered into the Saarland without the place where the goods have reached the place of validity of the said legal entities, shall be deemed to be within the scope of the provisions of Article 11 (1) (d) shall be subject to the aforementioned legislation on the restitution of fixed assets. Unofficial table of contents

Section 5a

Where fixed assets have been lost 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 territory of the current western sectors, In the event of withdrawal from Berlin, the deprivation shall be deemed to have been made within the scope of the legislation referred to in Article 11 (1) (d) for the restitution of fixed assets where the persons to whom the Assets have been withdrawn, or their legal successor at any time between 30 January 1933 and 31 December 1961, their residence or permanent residence, or their registered office, within the scope of this Act or in territories with the Governments of the Federal Republic of Germany on the 8. October 1964 Diplomatic relations. Section 45 (2) shall apply. Unofficial table of contents

§ 6

If, before the entry into force of this law, a right of restitution law (§ § 1, 3) has been decided in whole or in part by a final decision or an amicable agreement has been reached, the decision or the amicable agreement has only the following: the effect provided for in this Act. Unofficial table of contents

§ 6a

In proceedings concerning reimbursement rights (§ § 1, 3), a claim can be refused in whole or in part by a court decision, if the person entitled to the right is using unfair means or deliberately or grossly negligently wrong. or misleading information as to the reason or the amount of the claim has been made, initiated or authorised. Unofficial table of contents

§ 7

Due to reimbursement claims (§ § 1, 3), benefits may only be required under the terms of this Act. Unofficial table of contents

§ 7a

(1) In proceedings concerning reimbursement rights (§ § 1, 3), the submission of a certificate of inheritance shall be waited if the hereditary authorization is also verifiable without the submission of a certificate of inheritance. (2) A reparation body requires the submission of the certificate. of a certificate of inheritance, the resignation court shall, at the request of the person concerned, grant a certificate of inheritance in respect of 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 (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. Unofficial table of contents

§ 8

Claims for reimbursement (§ § 1, 3) may be resigned, pledged or paved. Unofficial table of contents

§ 9

The legal entities referred to in § 1 shall be represented by the Federal Minister of Finance or by the subordinate authorities of the Federal Finance Administration to be determined by the Federal Minister of Finance in proceedings on reimbursement rights (§ § 1, 3). Unofficial table of contents

§ 10

Insofar as one of the legal entities referred to in § 1 has been or is obligated to reimburse the person entitled to the costs of the proceedings, the claim shall be governed by a procedure in respect of rights of restitution (§ § 1, 3) of one of the entities referred to in § 1. Reimbursement of expenses against the federal government. Unofficial table of contents

§ 11

This law refers to:
1.
as legislation for the restitution of fixed assets
a)
Law No 59 of 10 November 1947 (Refund of fixed assets) of the Military Government of Germany-American Control Area-(Official Journal of the Military Government of Germany-American Control Area-Issue G of 10. 1), as amended at the date of entry into force of this Act, and its implementing rules,
b)
Law No 59 of 12 May 1949 (Refund of fixed assets to victims of National Socialist oppressive measures) of the Military Government of Germany-British Control Area-(Official Journal of the Military Government of Germany -British Control Area No 28 p. 1169), as amended at the date of entry into force of this Act, and its implementing rules,
c)
Regulation No 120 of 10 November 1947 (restitution of stolen property) of the Military Government of Germany-French Control Area-(Official Journal of the French Oberkommandos in Germany No 119 of 14 November 1947 p. 1219) in the date of entry into force of this Act and its implementing rules,
d)
Arrangement BK/O (49) 180 of 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 on the entry into force of this law, and its implementing rules;
2.
as successor organisations
a)
which, pursuant to Article 13 of Law No 59 of 10 November 1947 of the Military Government of Germany-American Control Area, defined by Regulation No 3, and which, in accordance with Article 9 of the Order BK/O (49) 180 of 26 July 1949, Allied Commander Berlin through the order of 1. The Jewish Restitution Successor Organization (IRSO), appointed in October 1949 by the American Commander of Berlin and the Order No 58 of 8 June 1950 by the French Military Government of Berlin,
b)
which, pursuant to Article 8 of Law No 59 of 12 May 1949, of the Military Government of Germany-the British Control Area-by means of the Seventh Implementing Regulation of 1 August 1950, and in accordance with Article 9 of the BK/O (49) 180 of 26 July 1949, of the The Jewish Trust Corporation for Germany (ITC) was appointed by the Implementing Regulation No 2, and the Implementing Regulation of 15 November 1950 and the Eleventh Implementing Regulation of 12 March 1951 relating to the said Law No 59 of the British Military Government and pursuant to Implementing Regulation No 4 of 29 March 1951 relating to Article 9 of the BK/O (49) 180 General Trust Organisation (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-(as amended by Regulation No 268 of 29 September 1951), were established by the Länder Community fund and the French department of the Jewish Trust Corporation for Germany, as notified in accordance with Regulation No 177, in the implementation of Article 21a of Regulation No 120 (as amended by Regulation No 268);
3.
Federal Law on Compensation for Victims of the National Socialist Persecution (Bundesentschädigungsgesetz-BEG) in the version of the Act of 29 June 1956 (Bundesgesetzbl. 559);
4.
as conversion law Third law on the reorganization of the monetary system (law on conversion)-Law No 63 of the American and British Military Government (Official Gazette of the Military Government of Germany-American Control Area-Issue 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 supplementing the provisions of the right of conversion and on the equipping of the Berlin Altbanken with compensation claims (conversion supplement law) of 21 September 1953 (Federal Law Gazette). 1439);
6.
The law for the alleviation of hardship of the currency reform (Altsparergesetz) in the version dated April 1, 1959 (Federal Law Gazette). 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 Reichsvaluation Act 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 16 January 1952 (Federal Law Gazette). 22).

Second section
Claims for restitution claims

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§ 12

(1) In the scope of Regulation No 120 referred to in Article 11 (1) (c) of Regulation No 120, assets which were detectable at the time of the withdrawal, shall be made available by means of a non-contentious or countervailable form within the meaning of Articles 1 to 3 of this Regulation. has been withdrawn from one of the entities referred to in § 1, that legal entity shall be liable for damages if the goods have been lost, damaged or diminished in their value; the same shall apply if such Assets first withdrawn from a third party and then placed on one of the items referred to in § 1 Legal entities have passed. A claim for damages by the legal entity does not exist if the legal entity proves that the loss, damage or impairment is not based on his fault. (2) A legal entity referred to in § 1 by cash payment or (3) Before the entry into force of this Act, in a compensation procedure for a claim referred to in paragraph 1, it shall not be considered as a fixed property within the meaning of paragraph 1. has been decided in whole or in part by a final decision or is on the basis of this claim an amicable agreement has been reached, the decision or the amicable agreement of a decision or an amicable settlement is the same in the refund procedure. (4) A liability for damages of the entities referred to in § 1 referred to in Paragraph 1 shall not apply to successor organisations. Unofficial table of contents

§ 13

(1) If, in a European place situated outside the scope of this law, relocation goods have been withdrawn from the German Reich, the German Reich shall be subject to the legislation for the restitution of fixed assets, or in accordance with § 12 of the law, if the persecuted person has emigrated from the scope of this law or intends to emigrate, and before emigration or before the transfer of the goods to be moved his last residence or permanent residence Stay within the scope of this law has had. Withdrawal shall be deemed to take place at the place where the person persecuted before emigration or before the consignment 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 exist if:
1.
a claim under the legislation for the restitution of fixed assets (Section 11 (1)) or in accordance with § 12; or
2.
the goods to be moved at the place of destination had arrived at the owner's free disposal.
(3) A liability for damages of the German Reich referred to in paragraph 1 does not exist in relation to successor organisations. (4) The German Reich's liability for damages is not to be found to the extent that the person entitled to compensation is compensated by another State. . To the extent that such compensation has been made in a foreign currency, it shall be set off against the amount of the damage compensation valid on 1 April 1956.

Third Section
Treatment of restitution rights to be fulfilled in accordance with this Act

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§ 14

(1) If, before the entry into force of this law, a right of restitution law (§ § 1, 3) has been decided in whole or in part, or if an amicable settlement has been legally established, then the decision or the amicable Agreement as amended or amended in accordance with § § 15 to 26. The same shall apply if a previous decision after the entry into force of this Act has become legally binding or a previously agreed amicable settlement has become legally valid after the entry into force of this Act. (2) If the decision is in force, this law has not yet been decided on a restitution law (§ § 1, 3), the decision shall be taken in accordance with § § 15 to 26. (3) On claims of the successor organizations or their legal successor, which are subject to the between the Federal Republic of Germany and the successor organisations or their § § 15 to 26 shall not apply to the following global agreements concluded by the law. Unofficial table of contents

§ 15

(1) Refund claims for payment of a Reichsmark amount shall be deemed to be converted to Deutsche Mark in the ratio of 10: 1 at the time of the changeover. (2) The amount converted in accordance with paragraph 1 shall be galvanissed. The interest shall be paid out by an amount of 25 per cent of the amount converted. (3) Paragraph 2 shall not apply to claims relating to restitution rights which shall be based on the publication of the net profit. Unofficial table of contents

§ 16

(1) Refund compensation claims shall be based on replacement performance in the German mark, even if they are in accordance with the provisions of the civil law for the manufacture of the condition which would exist if the person to replace mandatory circumstance would not have 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 re-purchase value is decisive on 1 April 1956; if goods have been withdrawn, their condition shall be taken into account at the time of withdrawal. (2) For advantages which would have been granted for the use of the withdrawn property, a Replacement not provided. 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, where benefits or other monetary value benefits of withdrawn shares or other holdings have been missed. Unofficial table of contents

§ 17

(1) The replacement value of the asset withdrawn shall not be determined on 1 April 1956, or if it is less than the value of the property at the time of the withdrawal, converted into a ratio of 10: 1 to Deutsche Mark, the following shall apply: the value of the property converted in the ratio of 10: 1 into Deutsche Mark at the time of the withdrawal as an amount of damages. (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. Unofficial table of contents

§ 18

If, before the entry into force of this law, the amount of the compensation amount has been determined by a final decision or amicable settlement in the German mark, the amount fixed shall be deemed to be the amount of damages according to § 16 or § 17, it shall be The second sentence of Article 14 (1) of the second sentence of paragraph 1 of this Article shall apply mutas to the provisions of the second sentence of paragraph 14. 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). Unofficial table of contents

§ 19

In the case of restitution claims for damages on payment of a pension, the amounts due up to 31 March 1956 are calculated together with the proviso that the Reichsmark amounts will be converted into Deutsche Mark in a ratio of 10: 1. The pension to be paid as of 1 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. Unofficial table of contents

§ 20

(1) In the case of restitution claims for damages due to the withdrawal of a Reichsmark claim, which would have been converted without the withdrawal as a Reichsmark claim within the meaning of Section 13 (3) of the Relocation Act, the following applies to the design the amount of the compensation for damages was changed in relation to the German mark at the time of the changeover in the currency, in which the Reichsmark request would have been converted without the withdrawal; the withdrawal of the claim against the German mark was directed against one of the debtors referred to in § 14 of the Law on the Law of the Law of the Law of the Law the amount of the 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 guthabens, the without the withdrawal as an old-money credit within the meaning of Section 1 (1) (1) of the Conversion Act or as a parent credit within the meaning of Section 1 (1) of the Relocation Supplementary Act, the amount of the compensation shall be valid for the purpose of determining the amount of the compensation. Credit in the ratio converted into Deutsche Mark, in which it is without the (3) § 16 (2) shall apply. Unofficial table of contents

Section 21

(1) In the assessment of the amount of damages pursuant to § 20, the amount of the compensation according to § 5 of the Altsparergesetz (Altsparergesetz) is to be added to this amount if the claim for restitution is the right of the person entitled to restitution due to the withdrawal of a Reichsmark request (§ 20 para. 1), for which compensation under the old savings law would be granted to the eligible compensation. The withdrawn RM receivble shall be treated as if it had been granted to the beneficiary from the date of withdrawal until the date of the changeover to Deutsche Mark. (2) Paragraph 1 shall apply, provided that the proof is provided that: Compensation under the Altsparergesetz (Altsparergesetz) would be granted for a withdrawn Reichsmark claim if it is not before the withdrawal for reasons of persecution within the meaning of the legislation for the refund of fixed assets in a The grant of the richer market would have been converted for compensation in accordance with the (3) Paragraph 1 and 2 shall apply to the withdrawal of a Guthabens (Section 20 (2)) in accordance with the provisions of the Act. Unofficial table of contents

Section 22

If the beneficiary of the same rectification status has, in return for one of the entities referred to in § 1, a claim for compensation for restitution as well as a claim for restitution rights for payment of a ReichsmarkAmount or if he has either of these claims, he shall not be affected by any claim by the other; the person entitled shall, however, be entitled to the amount which he acquires on the basis of a claim to the amount due to him on the basis of the other claim; can be calculated. Unofficial table of contents

Section 23

If the restitution law (§ § 1, 3) is subject to a counter-claim from the same equalization status, the claim for reimbursement shall be reduced by the value of the counterclaim on 1 April 1956; § 20 para. 1 second Half-sentence shall apply mutatily. Unofficial table of contents

§ 24

If, at the date of entry into force of this Act, a claim for restitution law (§ § 1, 3) is subject to a number of persons to the entire hand or to a joint by a fraction of a fraction, then a dispute between the Community and the Community shall be considered in the light of this Claim excluded. An opposing agreement is void. Unofficial table of contents

Section 25

(1) A restitution law claim (§ § 1, 3), to which a country benefits, goes up to the amount of the benefits to the country. 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 benefits under other legal provisions (3) A claim under paragraph 1 or 2 may not be invoked under this Act, in so far as a special levy has been made in the sense of of the Federal Compensation Act by cash payment or on the basis of an instruction to Payment has been paid. Unofficial table of contents

Section 26

If a restitution law claim (§ § 1, 3) is partially transferred to a third party, each of the entitled persons can claim the right in the 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 when a person entitled only makes use of the part which is to be covered by it.

Fourth Section
Registration of restitution rights and further procedures

First Title
New claims

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§ 27

(1) In the scope of the legislation referred to in Article 11 (1) (a), (b) and (d), claims in accordance with § 13 shall be notified by the authorized person to the competent central registration office. (2) The notification must be filed with the competent authority by 1 April 1959. (3) The period referred to in paragraph 2 shall be deemed to have been complied with if the person entitled to the notification is notified by 1 April 1959 of the right to a central registration office which is not competent pursuant to paragraph 1, or if he or she is brought before the restitution chamber of a central registration office (4) The procedure at the time of filing and the application of the Other procedures shall apply to the restitution of fixed assets (Article 11 (1) (a), (b) and (d)). Unofficial table of contents

§ 28

(1) In the scope of the legislation referred to in Article 11 (1) (c), claims in accordance with § § 12, 13 are to be asserted by the entitled person by legal proceedings 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 a request to the compensation body to submit the case to the restitution chamber. (2) The action must: until 1 April 1959. (3) § 27 (3) applies. (4) The procedure shall apply to the refund of fixed assets (Section 11 (1) (c)). (5) A plea in accordance with paragraph 1 does not require an amicable agreement between the authorized person and the competent authority according to § 9 of the Restitution Chamber within the time limit laid down in paragraph 2 shall be submitted for confirmation in accordance with the legislation referred to in Article 11 (1) (c).

Second Title
Re-opening of the registration deadlines

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§ 29

(1) In the scope of the legislation referred to in Article 11 (1) (a), (b) and (d), a claim for restitution (§ § 1, 3) may be re-filed by the person entitled to the competent central registration office if and to the extent that: entry into force of this law
1.
the claim has been legally rejected, or
2.
the person entitled has withdrawn the application lodged with the application, or
3.
the person entitled to the claim has waived the claim.
(2) Paragraph 1 shall apply if the beneficiary has not registered the claim within the period specified in the legislation relating to the restitution of fixed assets. (3) The person entitled to claim the right to claim the right to (4) In the case of paragraph 1 (1) (1), the legal force of a court decision shall not be contrary to the notified claim. (5) § 27 (3) (3) 2 to 4 find application. Unofficial 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 restitution by 1 April 1959 is erroneously entitled to restitution (§ § 1, 3) to an uncompetent authority of the Federal Republic of Germany (2) The application under paragraph 1 shall be notified by an uncompetent court of the Federal Republic of Germany and from the application of which the identifiable assets are identifiable. (2) 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. Unofficial table of contents

§ 29b

(1) Is a restitution law claim (§ § 1, 3) due to the withdrawal of household goods in the former occupied western territories or because of the withdrawal of jewelry and precious metal objects in the previously occupied or classified areas have been rejected or withdrawn in a legally binding manner because it has not been shown that the assets withdrawn have been entered in the relevant area in accordance with Section 5, the claim may be reasserted in the refund procedure, where such property is based on general measures taken from the (2) The general measures referred to in paragraph 1 and the educational areas and periods of withdrawal for which they have been taken shall be subject to the law of the European Union. the Federal Government, which requires the approval of the Federal Council. (3) The claim shall be asserted within one year of the entry into force of the legal regulation referred to in paragraph 2. § 27 (4) and § 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 provisions of the provisions of the first paragraph of this Article. (5) Legal regulations pursuant to paragraphs 2 and 4 may be adopted only until 31 December 1965. .

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), a legal nature of the law (§ § 1, 3) is erroneous according to § § 189, 231 of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) until 1 April 1958. , the application shall be deemed to have been filed within the prescribed period in accordance with § § 27, 29, if the registered property is identifiable from the application and is required for the replacement; the same shall also apply if the application has been filed after the expiry of the The deadline for § 189 of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) has been completed by 1 April 1959. The application also applies to the application for the application of § 28 (2). (2) In the scope of the legislation referred to in § 11 (1) (c), the legal nature of the legal nature of the legislation is in accordance with the provisions of § § § 1, § § § § § § § § § § § § § § § § § § § § § § § § § § § § § 189, 231 of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) have been notified up to 1 April 1958, the period of application shall be deemed to have been respected if the declaration makes it possible to identify the fixed assets for which replacement is required, and the same shall apply if: the registration after expiry of the period of § 189 of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) up to 1. April 1959. The application is also considered to be a timely application in accordance with § § 27, 29. (3) It is presumed that the application has been made erroneously within the meaning of paragraphs 1 and 2 if it has a description of the in-laws in accordance with the provisions of the restitution law in question. Loss of lost property, or if the notified damage occurred within the territory of the Reich, in accordance with the status of 31 December 1937. The same presumption shall apply if the application is filed before 23 July 1957 or, if it was not filed under 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 knew, at the time of the application, the facts, the date of the application of the notification. An indication of a proper application under the restitution law provisions would have been necessary; if the application has been made by a representative, § 166 of the Civil Code shall apply. (4) Is a In the event of a compensation procedure, the compensation body shall have the case on request refer to the responsible restitution authority through the competent central registration office. The application can only be made until September 5, 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 legally valid, the application will be made. a notification under paragraphs 1 and 2 shall be ineffective if the claim is not asserted within one year of the unquestionability 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. § 27 (4) and § 28 (4) are applicable. (6) In the Saarland, a legal nature in accordance with the claim for 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 Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) of 6 February 1959 (Official Journal of Saarland, p. 759) until 31 December 1959, the period of application of Section 28 (2) shall be deemed to have been complied with if the declaration of the German Federal Compensation Act is the subject of the declaration of the German Federal Law on Assets which are required for replacement are identified; the application shall also be deemed to be within the prescribed period. Registration according to § § 27, 29. The period laid down in the second sentence of paragraph 4 shall not, in this case, end before 31 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, in so far as it contains the restriction "if the registeful objects are to be identified from the application for which the replacement is required"-1 BvR 537/65- Unofficial table of contents

§ 30a

(1) If a procedure for restitution law claims (§ § 1, 3) is pending before an uncompetent reparation authority, the matter shall be sent to the competent central registration office at the request of the person entitled to the refund. Restitution authority or, if not, the competent reparation court 1. (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 authority or to the competent office of central registration of the competent authorities of the central office of restitution. Court of restitution responsible for recovery 1. Instance to refer to. Unofficial table of contents

§ 30b

If a restitution law claim (§ § 1, 3) has been registered legally in accordance with the legislation referred to in Article 11 (1) (a), (b) and (d) or in § § 27, 29 and 30, without the individual fixed assets being held , the application shall be ineffective, unless until 5 September 1970 the description of the individual items for which replacement is required has been made up to the extent that it is not effective.

Fifth Section
Payment by the Federal Republic of Germany

First Title
Load carrying and ranking of the claims

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Section 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 resulting from the obligation under paragraph 1 shall be borne by the Federal Republic of Germany. Unofficial table of contents

Section 32

(1) The reimbursement rights (§ § 1, 3) are summarized for the individual person in a communication (§ 38) and are satisfied in accordance with the following regulations. (2) Of the total for the individual entitled in the communication (§ 38) the amount determined shall be satisfied
1.
claims up to the amount 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 German Marks
a)
from 1 January 1965, when the claim of a natural person is entitled to the 65. Year of age,
b)
from 1 January 1966, if the claim is granted to a legal person who, in accordance with its articles of association or other constitution and after its effective management, is 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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Section 34

(1) The amount determined for the individual person entitled in total in the communication (§ 38) shall, in so far as it is not yet paid on 31 December 1967, be galvanised from 1 January 1968. The interest is 1 per cent for each quarter of the year. (2) The assertion of a further delay in delay is excluded. Unofficial table of contents

§ 35

The provisions of § § 32, 34 shall not apply to the satisfaction of the restitution law claims referred to in § 14 (3) (§ § 1, 3) of the successor organisations or their legal successor organisations. Unofficial table of contents

§ 36

Benefits shall be credited to the benefits 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 offsetting shall take effect on 1 April 1956; if the person entitled to the calculation has received advances or loans after 1 April 1956, the offsetting shall take effect on the date of payment. Unofficial table of contents

Section 37

If a refund law (§ § 1, 3) has partly been transferred to a country pursuant to § 25, the payments to be made pursuant to § § 32, 34 shall be effected until the payment of the transferred claim to the country is satisfied.

Second Title
Procedure

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§ 38

(1) The Federal Office for Central Services and Open Property Issues shall inform the beneficiary of the restitution law claims to be fulfilled by the Federal Republic of Germany in accordance with section 31 (§ § 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 as in accordance with § § 15 to 26. (2) (omitted) Unofficial table of contents

§ 39

(1) The communication shall contain
1.
the designation of the issuing authority,
2.
the staff details of the person entitled,
3.
the personal data of the person being persecuted, in so far as the person concerned does not have the right to be employed by the person concerned
4.
the name of the decisions or the amicable certificates on which the decision is based,
5.
an indication of the amount of the reimbursement rights, taking into account the provisions of § 23,
6.
the indication of the amount of the total amount of money due,
7.
the allocation of the sum of money in accordance with § 32,
8.
the calculation of advance payments or loans (§ 36),
9.
the indication of the nominees in the case of § 37,
10.
the reference to the interest payable under section 34;
11.
the reasons for the allocation of the amount of money,
12.
the information on the appeal,
13.
the date and the signature.
(2) In the case of Section 38 (1) sentence 2, the decision shall also contain the reasons for the amendment or amendment in accordance with § 14 (1). Unofficial table of contents

§ 40

(1) The Federal Office for Central Services and Open Property Questions shall, on its own account, determine all facts of the order for the communication pursuant to Article 39 (1) (5) and (7); all authorities and courts shall have free of charge and legal assistance to the Office. (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. (3) The Federal Office of Central Services and Open Property Issues shall be entitled to receive insurance in lieu of the oath. (4) The authorized person and his authorised representative shall be entitled to receive the following information. may inspect the files of the Federal Office for Central Services and Open Property Issues, including the files drawn up by the Federal Office. You can obtain extracts and copies of them yourself, or you can obtain them for reimbursement of costs. (5) For special reasons, the applicant and his authorised representative, if he is not a lawyer, can inspect the files. or in parts of the file, as well as the manufacture or issue of extracts and copies. (6) A right of handing over of the files shall be subject to the law of lawyers. Unofficial table of contents

Section 41

The decision shall be notified to the person concerned. Deliveries shall be made in accordance with the provisions of the Administrative Appointing Act. Unofficial table of contents

§ 42

(1) Within a period of three months from the date of notification of the decision, the beneficiary may apply for a court decision; the request may in particular be based on the fact that the communication shall be based on the allocation of the amount of the money in accordance with § 32 or, if a court decision has become legally valid or an amicable settlement has become legally valid before the entry into force of this law (Section 14 (1)), the amount of the amount of money due shall not be applicable in the communication is fixed. 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 commenced with the notification of the person concerned, provided that he/she is responsible for the information on the In the scope of the legislation referred to in Article 11 (1) (a), (b) and (d), the application must 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 application must be filed with the Restitutionskammer of the competent regional court. (4) The District Court, which is the subject of the previous refund procedure, shall be entitled to has been or would have been responsible. If the Landgericht 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 be subject to the provisions of the legislation for the refund of the Assets (Section 11 (1)) Application. There is no law enforcement. Unofficial table of contents

Section 43

Payment shall be made without delay after notification of the date of payment of the amounts due under this decision. Unofficial table of contents

§ 43a

(1) If a claim for restitution law (§ § 1, 3) is established by a final decision or a valid amicable settlement, it is subsequently found that the person entitled to be entitled to an unfair remedy, or intentionally or deliberately, is The Federal Office for Central Services and Open Property Questions may apply for the right to restitution under the law of the Federal Office for Central Services and Open Assets under the conditions of gross negligence or misleading information about the reason or the amount of the claim. Annulment of the decision or the amicable agreement in whole or in part (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 benefits already effected. (3) The application for the Paragraphs 1 and 2 may only be made within a period of 6 months. The period shall begin on the date on which the Federal Office for Central Services and Open Property Issues 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) shall apply.

Sixth Section
Hardness compensation

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Section 44

(1) Natural persons who have been deprived of property in the scope of this law by one of the entities referred to in § 1 may, upon request, be able to mitigate a state of emergency based on the withdrawal of the property. (2) The same applies to legal persons and their legal successor in so far as they are non-profit in the sense of the Community Regulation and the hardship compensation for the performance of their tasks within the scope of this (3) The hardship benefits referred to in paragraphs 1 and 2 may be subject to (4) Applications referred to in paragraph 1 shall be up to 1 April 1959, and applications referred to in paragraph 2 shall be up to the 8th of April 1959. October 1965 at the Federal Office for Central Services and Open Property Issues. Unofficial table of contents

Section 44a

(1) Is a restitution law claim (§ § 1, 3) due to the withdrawal of household goods in the former occupied western territories or because of the withdrawal of jewelry and precious metal objects in the previously occupied or classified areas within the time limit of § § 29, 27, a hardship compensation may be granted upon request if such property is based on general measures from the deeducation area wholly or predominantly in the relevant The area has been reached. 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 decree, which shall require 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. in the case of general measures taken from the drawing-up area, have reached the relevant area in whole or in part in accordance with Article 5; the second sentence shall apply mutatily. Legal regulations according to sentences 2 and 3 may only be issued until 31 December 1965. (2) A hardship compensation shall be granted only to natural persons who were the owners of the withdrawn objects at the time of the withdrawal. If the owner is deceased, the hardship compensation shall be 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 of this Article shall be 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 a number of persons are entitled to receive, the application of an eligible recipient shall apply in favour of all persons receiving the right to receive a hardship. Persons entitled to receive the rights referred to in paragraph 5 shall be known in 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 to the shares corresponding to their shares in the remission of the owner (paragraph 2, first sentence). (5) The Federal Government shall determine by means of a decree law which shall give the assent of the The competent authority responsible for the receipt of the application and the decision on hardness compensation shall be required by the Federal Council. The application must be received by the competent authority in accordance with the first sentence of one year after the entry into force of the Regulation. (6) The competent authority referred to in paragraph 5 has, of its own motion, all significant for the granting of the compensatory amount to determine the facts; all authorities and tribunals have to pay their official and legal assistance free of charge. The competent authority referred to in paragraph 5 is empowered to receive insurance in lieu of the oath. (7) The compensation for hardship is in the case of the withdrawal of household goods in the formerly occupied West Territories, 8,000 Deutsche Mark, in the withdrawal of jewellery. and precious metal objects in the former occupied or classified territories of 2,000 Deutsche Mark. However, the compensation for hardship amounts to no more than two thirds of the replacement value (§ 16) of the withdrawn items. (8) To the extent that the legal regulation provided for in the third sentence of paragraph 1 also compensates for hardness for other than those referred to in the first sentence of the first paragraph of paragraph 1 It may also determine which advance payments are to be paid to the hardship compensation; paragraph 7, second sentence, shall apply. (9) Assets of several members of a family community shall be withdrawn, the Hardness compensation 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. (10) In the case of paragraph 9, the compensation shall be granted to members of the family community together. 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 has died, the second sentence of paragraph 2 shall apply. (11) The implementation of the provisions of paragraphs 1 to 10 shall be carried out within the limits of the appropriations entered in the budget in question.

Seventh Section
Final provisions

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§ 45

(1) Claims under this law shall not be satisfied as long as the person entitled has his residence or permanent residence in territories with whose governments the Federal Republic of Germany does not have diplomatic relations. (2) The 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. Unofficial table of contents

Section 46

(1) This Act shall apply in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. 1) also in the Land of Berlin. (2) To the extent that Articles 11, 20 and 21 refer 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. Unofficial table of contents

§ 47

This law does not apply in Saarland. Unofficial table of contents

§ 48

This Act shall enter into force on the day of its proclamation.