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Law on the provisional regulation of the legal relationships of the imperial wealth and the Prussian participations

Original Language Title: Gesetz zur vorläufigen Regelung der Rechtsverhältnisse des Reichsvermögens und der preußischen Beteiligungen

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Law on the provisional regulation of the legal relationships of the imperial wealth and the Prussian participations

Unofficial table of contents

RVermVG

Date of completion: 21.07.1951

Full quote:

"Law on the provisional settlement of the legal relationships of the imperial wealth and the Prussian holdings in the revised version published in the Federal Law Gazan Part III, section 640-2,"

Footnote

Title: Does not apply in Saarland, cf. § 2 VII No. 5 G v. 30.6.1959 I 313; for Berlin cf. GVBl. 1952 p. 393, 411

(+ + + Proof of text validity from: 1. 1.1964 + + +) Unofficial table of contents

§ 1

(1) To the extent that, after 19 April 1949, property or other property rights granted to the German Reich have been transferred to a country on the basis of legal provisions, the transfer shall be deemed not to have been effected. To the extent that, after 19 April 1949, the administration of property or other property rights granted to the German Reich has been handed over to a country on the basis of legal provisions, the administrative power shall be deemed to have ended. The same applies to participations of the former country Prussia to companies of private law who have been transferred to a country after 19 April 1949 or have been handed over to a country for administration. (2) Paragraph 1 does not apply to property and other property rights,
1.
which were acquired by the German Reich or the former Land Prussia after 30 January 1933, and which have been removed from a trade union, cooperative, political party or other democratic organizations,
2.
which were admitted to the former Reichspost and are exempt from the transfer to the Deutsche Bundespost or are excluded.
Unofficial table of contents

§ 2

Insofar as property and other property rights of a company with its own legal personality, in which the German Reich or the former Land Prussia directly or indirectly owned a holding on 8 May 1945, after 19 April 1949 The transfer is not carried out as a result of the transfer of legal provisions to a country. Insofar as property and other property rights of a company with its own legal personality, in which the German Reich or the former Land Prussia directly or indirectly owned a holding on 8 May 1945, after 19 April 1949 The legal provisions of the administration of a country have been handed over, the administrative power shall be deemed to have been terminated. Unofficial table of contents

§ 3

(1) If a company with its own legal personality, in which the German Reich or the former Land Prussia directly or indirectly possessed a holding on 8 May 1945, has its principal place of business (seat) upon the entry into force of this Act outside the territory of the Federal Republic of Germany, or if this seat had been deleted in the commercial register until that day, the Federal Minister of Finance may be a liquidator for the assets of that undertaking or for the undertaking order. The order of the administrator is to be published in the Federal Gazette. From the publication of the notice, only the administrator is entitled to dispose of the assets or to represent the company in accordance with the statutory or statutory provisions. The Federal Minister of Finance may at the same time appoint an Advisory Board for the Company. The Advisory Board shall have all the powers to the Board of Supervisors of the Company under the law or the statutes. The costs of the administration are to be paid out of the assets or are the burden to the enterprise. (2) Until the end of two years since the entry into force of this law, the liquidator (paragraph 1) on the assets may not be used for the purpose of the comply with the obligations of the Company, which have been established prior to the entry into force of this Act or without the authorisation of the liquidator after the entry into force of this Act. Orders in the course of foreclosure shall be the same as in the case of legal proceedings. The Federal Minister of Finance may exempt from the above restrictions of disposal, insofar as it is necessary for the implementation of a regular administration or for the removal of disadvantages for the totality of the creditors. Unofficial table of contents

§ 4

(1) The validity of legal business orders concerning property and other property rights which fall under the provisions of § 1 (1) and § 2 shall remain unaffected. (2) Paragraph 1 shall not apply to provisions by which one of the countries property and other property rights have been transferred to itself, to another local authority or institution under the public law of that country, or to a legal person under private law, to which the country has a significant influence. These dispositions shall take effect when approved by the Federal Minister of Finance. Unofficial table of contents

§ 5

The final examination of the property rights and other property rights subject to the provisions of section 1 (1) as well as the settlement of the liabilities of the German Reich and the former country Prussia shall be effected by means of the Article 134 (4) and (135) (5) and (6) of the Basic Law for the Federal Republic of Germany to be adopted by the Federal Republic of Germany. Unofficial table of contents

§ 6

(1) Until the adoption of the federal laws to be adopted pursuant to Article 134 (4) and (135) (5) and (6) of the Basic Law for the Federal Republic of Germany, the administration of the property and other property covered by the provisions of Section 1 (1) is incumbable. Property rights of the Oberfinanzdirektionen (Bundesassets-und Baudepartments), insofar as paragraph 2 does not determine another. The Federal Government may exercise the administration itself or transfer it to other entities. (2) The administration of the property and other property rights of the kind referred to in Article 1 (1), which is the subject of the provisions of Article 134 (2) of the Basic Law for the The Federal Republic of Germany is part of the administrative capacity of the Federal Republic of Germany, by means of a legal regulation to be adopted with the consent of the Federal Council, or by the Länder or otherwise competent authorities in accordance with national law, and, insofar as this property and the other property rights to the provisions of Article 134 (3) of the Basic Law Home-falling assets belong to the countries or municipalities (municipal associations) to transfer. In the same way, the administration of participations of the German Reich and of the former country Prussia to companies with their own legal personality, whose importance the administration by the federal government does not require, is to be transferred to the countries. (3) The Federal Minister of Finance shall be authorized to allow independent sales up to a common value of not more than 50,000 Deutsche Mark for the management of land or parts of the land by the authorities competent pursuant to paragraph 1. to renounce its participation in the event of a burden, provided that the value of the The Federal Minister of Finance is entitled, of all since 8 May 1945, with the administration of the under the provisions of § § 1 to 3 of the Law (5) As far as property rights and other property rights under paragraph 2 are concerned by the countries, other task carriers or municipalities, the following shall be required: (municipal associations) are managed, are the budgetary provisions of the countries which other task carriers or municipalities (municipal associations). Unofficial table of contents

§ 7

The Bavarian district of Lindau is considered to be a country within the meaning of the law. Unofficial table of contents

§ 8

This law shall enter into force on the day after it is announced.