Federal Law on the Introduction of the Federal Law to regulate the restitution of funds liabilities of the German Reich and equivalent legal entities (Bundesrückerrefund gesetz-BRüG) in Saarland (BRüG-Saar)

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BRüG-Saar

Date of completion: 12.01.1967

Full quote:

Federal Law for the Introduction of the Federal Act to regulate the restitution of funds liabilities of the German Reich and equivalent legal entities (Bundesrückerrefund gesetz-BRüG) in the Saarland of 12 January 1967 (BGBl. 133), as last amended by Article 8 (3) of the Law of 10 December 2003 (BGBl I). I p. 2471).

Status:

Last amended by Art. 8 para. 3 G v. 10.12.2003 I 2471

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Footnote

(+ + + Text proof: 18.1.1967 + + +) Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

Type I

The Federal Act on the settlement of restitution law liabilities of the German Reich and equivalent legal entities (Bundesrückerrefund gesetz-BRüG) of 19 July 1957, as last amended by the Third Law amending the Law on the Reimbursement of Obligations of the German Reich Federal restitution law of 2 October 1964 (Bundesgesetzbl. 809), shall be introduced in the Saarland in accordance with the following provisions. Unofficial table of contents

Type II

The following provisions apply to the application of the Federal restitution law in Saarland:

1.

Section 2a is replaced by the following:

" § 2a

Where the property referred to in Article 11 (1) (e) has been withdrawn from one of the entities referred to in paragraph 1 above, that legal entity shall be liable for damages in the event that the items in question have been withdrawn from the legal entity in question. the hand of a post-acquirer has been lost, damaged or reduced in value; § 848 of the Civil Code shall apply. "

2.

§ 5a is deleted.

3.

The following point (e) is inserted after Article 11 (1) (d):

" e)

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 version in force at the entry into force of this law in the Saarland and the Laws No 129 of 30 June 1949 (Official Journal of Saarland, p. 688), No 142 of 19 January 1950 (Official Journal of Saarland p. 63) and No 380 of 7 July 1953 (Official Journal of the Saarland p. 428); ".

4.

Section 11, point 3 is replaced by the following:

" 3.

a)

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);

b)

In the form of the Bundesentschädigungsgesetz-Saardas Act No. 658 concerning the introduction of the Bundesentschädigungsgesetz of 6 February 1959 (Official Journal of Saarland, p. 759); ".

5.

§ 11 nos. 4, 5 and 6.

6.

In the first sentence of Article 12 (1), the words 'within the scope of Article 11 (1) (c)' shall be replaced by the words 'within the scope of the provisions of Section 11 (1) (e)'.

7.

Section 13 (1) shall be replaced by the following: " (1) If the goods to be moved have been withdrawn from the German Reich in a European place located outside the scope of the legislation referred to in Article 11 (1), the German Reich shall be replaced by Article 12 of the German Law. If the person persecuted from the scope of the legislation referred to in Article 11 (1) (e) has emigrated or was intending to emigrate, and before emigration or before the transfer of the goods to be moved, he/she shall be liable for his last sentence. Residence or permanent residence within the scope of the above mentioned in Article 11 (1) (e) Legislation has been in place. 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, his last residence or permanent residence within the scope of the legislation referred to in Article 11 (1) (e). has had. "

8.

In Section 15 (1), the following sentence 2 is added: "Claims for reimbursement of an amount in French francs shall be converted in such a way as to replace CHF 100 ,8507 by Deutsche Mark."

9.

Section 16 (1) sentence 2 is to be read as follows: " In determining the amount of the compensation amount, the replacement value of the withdrawn property is based on the scope of the legislation referred to in Article 11 (1) (e). set. "

10.

In accordance with Article 16 (1) sentence 2, the following sentence is inserted: "The amount of compensation determined in French francs shall be converted in such a way that Deutsche Mark is replaced by DM 100, 1911." sentence 3 shall be replaced by sentence 4.

11.

§ 18 is deleted.

12.

Section 19 is replaced by the following:

" § 19

In the case of restitution claims for compensation for the payment of a pension, the amounts due up to 5 July 1959 shall be calculated together with the proviso that the amounts of the Reichsmark in the ratio of 10:1, amounts in French francs in the Ratio of 100:0, 8507 to be converted into Deutsche Mark. The pension to be paid from 6 July 1959 is to be capitalised. The capital value of the pension shall be calculated in accordance with the provisions of the valuation law. "

13.

Section 20 is replaced by the following:

" § 20

(1) In the case of restitution claims for damages due to the withdrawal of a Reichsmark requirement, the calculation of the amount of compensation for damages shall be governed by the statutory regulation which would apply to the claim if these are not withdrawn would have been. The withdrawn claim shall be treated as if it had been granted to the beneficiary from the date of the withdrawal until the end of 5 July 1959. (2) § 16 para. 2 shall apply. "

14.

Section 21 is deleted.

15.

Section 22 is deleted.

16.

Section 23 of the second half-sentence is replaced by the following: "§ 20 (1) sentence 1 shall apply mutasensitily."

17.

In accordance with Article 25 (3), the following paragraph 4 is inserted: " (4) The benefits provided by public funds in French francs from Saarland's public funds are, in so far as the claim referred to in paragraphs 1 and 2 has been transferred to the country, in the ratio of 100:0, 8507 in Deutsche Mark. "

18.

§ 27 is deleted.

19.

Section 28 is amended as follows:

a)

The first sentence of paragraph 1 shall be replaced by the following: " Within the scope of the legislation referred to in Article 11 (1) (e), claims in accordance with § § 2a, 12 and 13 shall be made by the entitled person by legal proceedings before the restitution chamber of the competent regional court. to assert. "

b)

Paragraph 2 is replaced by the following: "(2) The action must be brought up to 31 March 1968."

c)

Paragraph 3 shall be replaced by the following: " (3) The period referred to in paragraph 2 shall be deemed to be preserved if the beneficiary is entitled, by 31 March 1968, by an action before the restitution chamber of an uncompetent regional court within the scope of Article 11 (1) (1) (1) (1) (1) (1)). (e) said legislation has been invoked. "

d)

Paragraph 4 shall be replaced by the following: ' (4) The procedure shall apply to the legislation on the restitution of fixed assets (Article 11 (1) (e)). There is no need for legal action. "

e)

In paragraph 5, the words "Section 11 (1) (c)" shall be replaced by the words "Section 11 (1) (e)".

20.

§ § 29, 29a and 29b are deleted.

21.

Section 30 is amended as follows:

a)

Paragraph 1 is replaced by the following: " (1) In the scope of the legislation referred to in Article 11 (1) (a) to (d), the legal nature of the legislation is erroneous pursuant to the provisions of § § § 189, 231 of the German law Federal compensation law has been notified up to 1 April 1959, the period of application of section 28 (2) shall be deemed to have been complied with if the declaration makes it possible to identify the fixed assets for which the replacement is required; the same shall also apply: if the application is in accordance with § § 189, 231 of the Bundesentschädigungsgesetz-Saar until 31 December 1959 is done. "

b)

Paragraphs 2 and 3 are deleted.

c)

Paragraph 4 is replaced by the following: " (4) 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, a notification under paragraph 1 shall be made: ineffective if the claim is not asserted within one year after the indispentability or legal force of the decision or legal validity of the amicable settlement in the refund procedure. However, this period shall not expire before 31 March 1968. Section 28 (4) shall apply accordingly. "

22.

In Article 42 (3), second sentence, the words 'and point (e)' shall be inserted after the words '§ 11 (1) (c)'.

23.

In Section 43a (3) sentence 3, the words 'shall not be taken before the 8'. However, it had not been replaced by the words 'before 18 January 1967' by the words 'but not by'.

24.

Section 44 is replaced by the following:

" § 44

(1) Natural persons who have been deprived of the property in the scope of the legislation referred to in Article 11 (1) (e) by one of the entities referred to in Article 1 may, upon request for the alleviation of an asset, be subject to the following: (2) The same shall apply to legal persons to whom, within the scope of the legislation referred to in Article 11 (1) (e), the property is determined by one of the assets listed in § 1 and their legal successor shall, in so far as they (3) The hardship benefits provided for in paragraphs 1 and 2 may be required for the purpose of fulfilling their tasks within the scope of the legislation referred to in Article 11 (1). as a whole, with the hardship benefits according to § 44 (1) and (2) of the Federal Restitution Act as amended by the Third Amendment Act of 2 October 1964 on the Bundesrückerrefund Act (Bundesgesetzbl. 809) do not exceed 10 million Deutsche Mark. (4) Applications under paragraphs 1 and 2 shall be submitted to the Federal Office for the Regulation of Open Property Issues until 31 March 1968. "

25.

§ 44a is deleted.

26.

§ 46 deleted.

27.

§ 47 is deleted.

28.

§ 48 is deleted.

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Species III

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Type IV

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Type V

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. Unofficial table of contents

Species VI

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