Act In The German Democratic Republic In Outstanding Claims For Compensation From Expropriation

Original Language Title: Gesetz zur Regelung in der Deutschen Demokratischen Republik nicht erfüllter Entschädigungsansprüche aus Enteignung

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Act on the settlement in the German Democratic Republic of unfulfilled compensation claims from expropriation (DDR-indemnification law-DDR-EErfG)

Non-official Table of Contents

GDR EErfG

Date of Date: 10.12.2003

Full quote:

" DDR Compensation Performance Act of 10. December 2003 (BGBl. I p. 2471, 2473; 2004 I p. 1654) "

Footnote

(+ + + Text evidence from: 17.12.2003 + + +)

The G was defined as Article 4 of the G v. 10.12.2003 I 2471 approved by the Bundestag with the consent of the Bundesrat. It's gem. Article 12 of this Act entered into force on 17.12.2003. Non-official table of contents

§ 1 Claim for subsequent fulfillment of a compensation claim

(1) Is a claim for compensation in accordance with the the date of expropriation in the former German Democratic Republic has not been complied with, the latter shall be directed against the institution of public administration who shall, on the basis of the the provisions of the agreement have been directly or indirectly received. Was the expropriated asset before the 3. October 1990, from Volkseigentum, or is before 3. The claim against the compensation fund is determined by the fact that, in October 1990, a return to the national budget of the German Democratic Republic had been paid in return for the appropriated asset.(2) This law shall be applied in accordance with the compensation provided for in the accession area for expropriation on a basis of law or on the basis of the law on the remuneration of the applicant. This also applies to initially exempted participations of foreign shareholders in the companies which have been paid on the basis of the above mentioned basis; in such cases, the applicant has the waiver of any continuing participation or participation in the company. other assets which had been granted to the foreign shareholder in the newly formed entity in connection with the expropriation of the assets.(3) If a claim for compensation has not been fixed in the former German Democratic Republic, the compensation shall be
1.
in the case of land and buildings after 1.3-fold the unit value, equivalent value or auxiliary value as defined in section 3 (1) to (3) of the Compensation Act of 27. September 1994 (BGBl. 2624),
2.
in the case of a share of the company after 1 3 times the unit value last recorded in the main reference period, a substitute value or net assets within the meaning of Section 4 of the Compensation Act,
3.
for claims for the satisfaction of long-term liabilities in accordance with § 5 of the Compensation Act,
4.
in the case of claims for movable property according to § 5a of the Compensation Act.
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§ 2 rights of expropriated land

creditors of rights in a property or building entered in the land registry, as well as their Legal successor companies shall be entitled to fulfil their claim on the basis of the right to be paid from the compensation to be paid, in so far as they have not yet received compensation; the granting of compensatory claims in accordance with § 40 of the D-market balance law shall not be regarded as compensation in this respect. If the sum of the claims asserted exceeds the compensation amount, the benefits for the claims shall be reduced accordingly. § 3 (4) sentence 3 and 4 of the Compensation Act of 27. September 1994 (BGBl. 2624) shall apply accordingly. Non-official table of contents

§ 3 Currency conversion

The claim based in Mark of the German Democratic Republic is in the ratio of 2 to 1 To change the German mark; this amount shall be converted to euro. The claim is notwithstanding Article 7 (2) of the Compensation Act of 25. April 1960 (GBl. 257), § 3 (2) of the Compensation Act of 15. June 1984 (GBl. 209) and Section 6 (2) and Article 12 (2) of the Regulation on compensation of former shareholders for shareholdings in expropriated companies and the satisfaction of long-term liabilities from the period after the 8. 1 May 1945 August 1956 (GBl. I n ° 77 p. 683) from the 17. December 2003, with 4 of the hundred for the year. The same shall apply to the claims to be fulfilled in Mark of the German Democratic Republic pursuant to § 2 of the Compensation. Non-official table of contents

§ 4 Jurisdiction

On claims under § § 1 and 2, the decisions on the implementation of the Property Law competent authorities. The Office, the State Office or the State Office for the regulation of open property matters, in whose district the expropriated property or building is situated, or where the company that has been expropriated had its seat, is responsible. If a legal procedure has been pending or pending before the Office, it shall remain responsible. The State Governments shall be authorized to transfer, in place of the competent authority in accordance with the provisions of the first and second sentences, the tasks under this Act to another State authority by means of a regulation. Non-official table of contents

§ 5 Application deadline

Applications for § § 1 and 2 may be submitted up to the age of 16. June 2004 (exclusion period). An application under the Assets Act, which has not yet been passed through a final decision, shall be deemed to have been submitted in accordance with this provision. Non-official table of contents

§ 6 Procedure

Sections V and VI of the Assets Act shall apply accordingly. Section 32 (1) of the Property Law shall not apply. In accordance with Section 26 (3) of the Assets Act, appeals for opposition proceedings shall apply accordingly. unofficial table of contents

§ 7 Exclusion of double indemnity

If the person entitled to the loss of the asset has been lost or the asset has been lost, the amount of the asset is not Withdrawal of the compensation claim in accordance with the law on the regulation of open property, the compensation law or the compensation law of the 27. September 1994 (BGBl. 2624), or benefits under the burden-compensation law, or are entitled to such benefit, claims shall be divorced in accordance with this law.