Federal Law On The Introduction Of The Federal Law Establishing The Refund Legal Financial Obligations Of The German Of Empire And Equal Legal Entity (Federal Refund - Brüg) In Saarland

Original Language Title: Bundesgesetz zur Einführung des Bundesgesetzes zur Regelung der rückerstattungsrechtlichen Geldverbindlichkeiten des Deutschen Reichs und gleichgestellter Rechtsträger (Bundesrückerstattungsgesetz - BRüG) im Saarland

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Federal Act concerning 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 (BRüG-Saar)

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BRüG-saar

date of delivery: 12.01.1967

full quote:

" federal law to introduce federal law to regulate the restitution law funds 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 p. 2471) "

:Last modified by Art. 8 (3) G v. 10.12.2003 I 2471

For details, see the Notes

Footnote

(+ + + text evidence: 18.1.1967 + + +) menu in the menu. name="BJNR001330967BJNE000100308 " />Non-Official Table of Contents

Input Formula

The Bundestag, with the approval of the Bundesrat, has approved the following law: Non-official Table of Contents

Art I

The Federal Act on the settlement of the refundable funds 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 Bundesrückerrefund Act of 2. October 1964 (Bundesgesetzbl. 809), shall be introduced in the Saarland in accordance with the following provisions. Non-official table of contents

Art II

The following different provisions apply to the application of the Federal restitution law in the Saarland:
1.
§ 2a is replaced by the following:
" § 2a
the assets of one of the legal entities referred to in § 1 (1) (e) within the scope of the legislation referred to in Article 11 (1) (e) , if the goods have been lost, damaged or reduced in value in the hands of a post-acquirer, this legal entity shall be liable for damages; Section 848 of the Civil Code shall be found to be Application. "
2.
§ 5a deleted.
3.
In accordance with § 11 no. 1 letter d, the following letter is deleted. e inserted:
" e)
Regulation No 120 of 10. 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) in the version in force at the entry into force of this law in the Saarland, as well as the Laws No. 129 of the 30th of September 1947. June 1949 (Official Journal of the Saarland, p. 688), No 142 of 19 June 1949. January 1950 (Official Journal of Saarland p. 63) and No 380 of 7. July 1953 (Official Journal of Saarland, p. 428); ".
4.
§ 11 No. 3 is replaced by the following:
" 3.
a)
as federal compensation law federal law on compensation for victims of National Socialist persecution (Bundesentschädigungsgesetz-BEG) in the version of the Act of 29. June 1956 (Bundesgesetzbl. 559);
b)
as Federal Compensation Law (Bundesentschädigungsgesetz-Saardas Gesetz Nr. 658) for the introduction of the Federal Compensation Act of 6. February 1959 (Official Journal of Saarland, p. 759); ".
5.
§ 11 Nos. 4, 5 and 6.
6.
In § 12 paragraph 1 sentence 1, the words "within the scope of the in § 11 no. 1 letter c" are replaced by the words "within the scope of the in § 11 No. 1 letter e".
7.
§ 13 para. 1 is replaced by the following: " (1) The property is located in a European place outside the scope of the legislation referred to in Article 11 (1) of the German law. In accordance with § 12, the German Reich is liable for damages if the persecuted person has emigrated from the scope of the legislation referred to in Article 11 (1) (e) or has intended to emigrate, and before the Emigration or, prior to the dispatch of the goods, has had its last residence or permanent residence within the scope of the legislation referred to in Article 11 (1) (e). 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). '
8.
In Section 15, Section 1, the following sentence 2 shall be added: " Claims for reimbursement of an amount in French francs shall be paid in the manner described above. It is calculated that 0.8507 Deutsche Mark is to be replaced by 100 francs. "
9.
§ 16 (1) sentence 2 is to be read as follows:" In determining the amount of the Compensation for damages shall be based on the replacement value of the assets withdrawn within the scope of the legislation referred to in Article 11 (1) (e). "
10.
According to § 16 (1) sentence 2, the following sentence is inserted: " The amount of damages determined in French francs is converted in such a way that the amount of 100 francs 1.1911 Deutsche Mark is entering. "Sentence 3 becomes the fourth set of 4.
11.
§ 18.
12.
§ 19 is replaced by the following:
" § 19
case of restitution claims for payment of a pension, the up to the 5. The amounts due in July 1959 were calculated on the basis that the amounts of the Reichsmark were in the ratio of 10:1, amounts in French francs in the ratio of 100:0.8507 to be converted into Deutsche Mark. The from 6. The pension payable in July 1959 is to be capitalised. The capital value of the pension is to be calculated in accordance with the provisions of the valuation law. "
13.
§ 20 is replaced by the following:
" § 20
(1) In the case of restitution claims for damages due to the withdrawal of a Reichsmark request, the assessment of the amount of damages is determined according to the legal regulation which would apply to the claim if it had not been withdrawn. The withdrawn claim shall be treated as having the right of withdrawal from the date of withdrawal to the date of expiry of the 5. July 1959.(2) § 16 para. 2 shall apply. "
14.
§ 21 deleted.
15.
§ 22
16.
§ 23 The second half-sentence is replaced by the following: "§ 20 (1) sentence 1 shall apply mutasensitily."
17.
In accordance with § 25 (3), the following paragraph 4 is inserted: " (4) The benefits provided by the public funds in French francs from Saarland's public funds are, to the extent that the right to the Paragraphs 1 and 2 transferred to the country in the ratio of 100:0, 8507 to be converted into Deutsche Mark. "
18.
§ 27 deleted.
19.
§ 28 is changed as follows:
a)
paragraph 1 sentence 1 is replaced by the following: " In the scope of the legislation referred to in § 11 (1) (e), claims under § § 2a, 12 and 13 shall be submitted by the person entitled to The proceedings before the Restitutionskammer of the competent regional court. "
b)
Paragraph 2 is replaced by the following:" (2) The action must take place until 31 December 2013.
"
3)time limit laid down in paragraph 2 shall be deemed to have been observed if the beneficiary is up to 31 December 1968. (d)
d
d)
d)
Paragraph 4 is replaced by the following: " (4) The procedure for restitution of fixable assets (§ 11 No. 1 (e)) applies. There is no legal requirement. "
e)
In paragraph 5, the words" § 11 no. 1 letter c "are replaced by the words" § 11 No. 1 letter e ".
20.
§ § 29, 29a and 29b omitted.
21.
§ 30 is changed as follows:
a)
Paragraph 1 is replaced by the following: " (1) Is within the scope of the in § 11 no. 1 letters a to d In accordance with § § 189, 231 of the Bundesentschädigungsgesetz (Bundesentschädigungsgesetz) up to 1. of the law, the legal nature of the legal provisions referred to in § § § 189, 231 of the Federal Compensation Act The period of application of Article 28 (2) shall be deemed to have been filed in April 1959, if the declaration makes it possible to identify the fixed assets for which replacement is required; the same shall also apply if the application is made in accordance with § § 189, 231 of the Federal Indemnity Act-Saar up to the 31. "
b)
Paragraphs 2 and 3 are omitted.
c)
Paragraph 4 is replaced by the following: Constitutional: " (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 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 31 December. March 1968. Section 28 (4) shall apply accordingly.
22.
In § 42 (3) sentence 2, the words "and letter e" shall be referred to in the words "§ 11 No. 1 (c)" inserted.
23.
In § 43a (3) sentence 3, the words ", however, shall not be taken before the 8. October 1964 "by the words", however, not before the 18. January 1967 ".
24.
§ 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 paragraph 1 may, upon request for the alleviation of an asset listed in Article 1 (1) of the Regulation, be granted a In the event of an emergency situation, a hardship compensation will be granted.(2) The same shall apply to legal 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 paragraph 1 above, and their Legal successor, insofar as they are non-profit in the sense of the Community Regulation and the hardship compensation is required for the performance of their tasks within the scope of the legislation referred to in Article 11 (1).(3) The hardship benefits referred to in paragraphs 1 and 2 may be combined with the hardship benefits in accordance with § 44 (1) and (2) of the Federal Restitution Act as amended by the Third Amendment Act to the Federal Restitution Act of 2. October 1964 (Bundesgesetzbl. 809) do not exceed a sum of 10 million Deutsche Mark.(4) Applications referred to in paragraphs 1 and 2 shall be up to 31. "
25.
§ 44a.
26.
26.
§ 46 omitted.
27.
§ 47 is omitted.
28.
§ 48 omitted.
unofficial table of contents

Art III

-Nonofficial Table of Contents

Art IV

- Non-official Table of contents

Art V

This Act 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. Non-official table of contents

Art VI

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