Law on the determination of the assignment of former fully-owned assets (asset allocation law-VZOG)

Unofficial table of contents

VZOG

Date of completion: 22.03.1991

Full quote:

" The Law on Assets in the version of the Notice of 29 March 1994 (BGBl. 709), as last amended by Article 3 of the Law of 3 July 2009 (BGBl I). 1688).

Status:	New by Bek. v. 29.3.1994 I 709;
	last amended Art. 3 G v. 3.7.2009 I 1688

For more details, please refer to the menu under Notes

Footnote

(+ + + Proof of text: 29.3.1991 + + +) 

  

The law was adopted as Article 7 G III-19/1 v. 22.3.1991 I 766 (InvestHemBesG) of the Bundestag with the consent of the Bundesrat; it was announced on 28.3.1991 and is gem. Art. 15 G v. 22.3.1991 I 766 entered into force on the day after the proclamation.

Section 1
General provisions

Unofficial table of contents

§ 1 Jurisdiction

(1) To determine the extent to which, in accordance with Articles 21 and 22 of the Agreement, the extent to which the provisions of these provisions in conjunction with the Local Property Law of 6 July 1990 (GBl) are to be found. 660), pursuant to Annex II, Chapter IV, Section III, point III, point 2 of the Agreement of 31 August 1990, in conjunction with Article 1 of the Law of 23 September 1990 (BGBl. 885, 1199), according to the Trusteeship Act of 17 June 1990 (GBl). 300), which shall continue to apply in accordance with Article 25 of the Agreement, its implementing regulations and the provisions relating to the implementation of those provisions, as well as pursuant to the Housing Cooperative Property Law and Section 1a (4). Subject to the provisions of Section 4 of the Act, the property shall be subject to the provisions of Section 4.

1.

the President of the Treuhandanstalt or any person empowered by him in the cases in which the Treuhandanstalt is entrusted with ownership or management,

2.

the Chief Financial President or a person to be empowered by him in the other cases, including in cases where assets are

a)

as administrative assets,

b)

by law pursuant to Section 1 (1) sentence 3 of the Treuhand Act, municipalities, cities or counties,

c)

in accordance with Article 22 (4) of the Agreement, pursuant to Section 1a (4) and the Housing Cooperative Property Law,

d)

in accordance with the second sentence of Article 21 (1) and the second sentence of Article 22 (1) of the agreement, by use for new or public purposes;

are transmitted. In this capacity, they are subject only to the general instructions of the Federal Ministry of Finance. In the event of a dispute concerning a decision of the assignment authority, the action against the Federal Government is governed by Section 78 (1) No. 1 (2) of the Administrative Court's Rules of Justice. The federal government is also empowered to take action against the communication. Is in areas of the formerly complex residential construction or settlement building on the basis of a subdivision plan within the meaning of § 2 para. 2 sentence 2 and 3 or an allocation plan within the meaning of § 2 para. 2a to 2c with the participation of the in § 2 para. 1 sentence 1 or the President of the Treuhandanstalt shall be notified by the applicant of the beginning of the work on a divisitation or allocation plan to be submitted to the Chief Financial President, the The President of the Commission or a person authorised by him within the meaning of the first sentence of sentence 1. (2) Paragraph 1 (2) shall apply in accordance with the determination of the assets within the meaning of the first sentence of Article 22 (1) of the agreement on financial assets in the trust administration of the Federal Republic of Germany. If the Federal Minister of Finance has transferred the administration of financial assets of the Treuhandanstalt pursuant to Article 22 (2) of the agreement, the first paragraph of paragraph 1 shall apply mutah. (3). Superfinance Directorate, where the asset is wholly or predominately located. The President of the Berlin Oberfinanzdirektion (Oberfinanzdirektion Berlin) is responsible for assets not covered by the territory referred to in Article 3 of the Agreement. (4) Paragraphs 1 to 3 shall apply mutagens in cases where Article 21 of the Treaty provides for the application of the provisions of Article 21 of the Treaty. (3) and Article 22 (1), first sentence, of the agreement to be transferred to countries, municipalities or other entities assets, as well as in cases where assets are to be transferred in accordance with Section 4 (2) of the Local Wealth Law. In the cases referred to in the third sentence of Article 22 (1) of the Agreement, the Chief Financial Officer shall be responsible. (5) The Federal Minister of Finance shall determine who is responsible under paragraphs 1 to 4 above who is responsible under paragraphs 1 to 4 of this Article. (6) The competent authority decides, at the request of one of the possible beneficiaries, in the case of public interest in the cases referred to in paragraph 1, even from its own motion. (7) A decision under this law may not be made. in the event of an infringement of the rules on jurisdiction. Unofficial table of contents

§ 1a Concept of assets

(1) Assets within the meaning of this Act are built and undeveloped land, as well as legally independent buildings and buildings (land and buildings), rights of use and rights in rem on land and buildings, movable property, Matters, industrial property rights and companies. This includes liabilities, claims and rights and obligations arising out of obligations, insofar as they are the subject of the assignment in accordance with the regulations referred to in § 1. (2) If citizens are subject to the conditions laid down in Section 310 (1) of the Civil Code of the If the German Democratic Republic has given up its property in a property or building and this renunciation has been approved, the land or buildings in question shall constitute property within the meaning of this Act and the provisions of Section 1 (1) of the Act. shall apply. Section 310 (2) of the Civil Code of the German Democratic Republic does not apply to these land plots. Provisions under which a waiver of property may be reversed shall remain unaffected even if the property is or is assigned in accordance with this Act. (3) Paragraph 2 shall apply mutatily if, in accordance with other provisions, the provisions of state decision without registration in the land register before the effective date of the accession of the people's property, even if the land register has not yet been corrected. (4) Volkseigenic assets used for the housing industry, which do not appear in the Legal support of the former fully-owned enterprises in the housing industry However, it was transferred to the municipality or the municipality for use as well as to independent management and administration, and is the property of the municipality in accordance with the provisions of Article 22 (1) of the agreement. The provisions of Article 22 (4), second sentence, of the agreement shall apply mutatily. A property is considered to be used for the housing industry within the meaning of the sentence 1 or the fourth paragraph of Article 22 of the agreement, even if it is built with buildings which are used for the most or most of the residential purposes and on the third floor. It was not only temporarily vacated in October 1990, but was to be reintroduced in whole or in part to the use of the housing.

Footnote

§ 1a: In accordance with the decision formula with GG (100-1), it is compatible with the invention. BVerfGE v. 11.3.1997 I 1340 (2 BvF 2/95) Unofficial table of contents

Section 1b. settlement of compensation agreements

(1) Assets which are the subject of the agreements referred to in Article 1 (8) (b) of the Property Law are, if not otherwise determined, to be assigned to the Federal Government (compensation fund) if the agreements specified in the agreements are Payments have been made. If the land is listed in the land register as the property of the people, the assignment rules referred to in § 1 shall apply. (2) As far as a private person is registered as the owner of the property or building, their opportunity to express their opinion shall be (3) Assets which, in accordance with the second sentence of Article 3 (9) of the Agreement of 13 May 1992 between the Government of the Federal Republic of Germany and the Government of the United States of America, on the settlement of certain assets in the United States of America Connection with Article 1 of the Law on this Agreement of 21 December 1992 (BGBl. II p. 1222), the Federal Republic of Germany (Federal Finance Administration) is to be assigned to the assets of the Federal Republic of Germany or to be transferred to the Federal Republic of Germany. The rights of third parties as well as § § 4 and 5 of the Property Law remain unaffected. (4) The powers under Section 11c of the Property Law shall remain unaffected as long as a notification of assignment has not become final and this is indicated to the Land Registry. Unofficial table of contents

§ 1c Reprocessing of Unlawful Divestments

(1) In the case of the privatisation of trust undertakings, assets were transferred to the acquirer by means of a share sale with the company, which were acquired at the time of the sale of shares.

1.

the communalization according to § 10 of this law or the provisions of the municipal property law, or

2.

the restitution referred to in Article 11 (1) sentence 1 of this Act, or

3.

had been transferred to a housing cooperative pursuant to the protocol to Article 22 (4) of the agreement, or would be transferred to it in accordance with the provisions of the Housing Cooperative Act, or

4.

would have been transferred to the Municipality pursuant to Article 22 (4) of the Agreement or Section 1a (4) of that Act,

the asset shall be allocated to the beneficiaries of those provisions on request, provided that the conditions set out in paragraphs 2 and 3 are met and the application has been submitted by the end of 30 June 1995. The assignment shall be effected after consultation of the acquirer of the shares by means of assignment notification in accordance with the provisions of this law; the assignment shall be amended or cancelled accordingly. (2) An association referred to in paragraph 1 shall be made if: in the contract for the privatisation of the company, a reservation has been made that the claimed subject-matter is to be subject to the restitution, the communitalisation or the transfer to a housing cooperative. As a reservation, any clause containing a reservation of return or similar reservations must be regarded as a reservation. A reservation may also arise from the circumstances of the conclusion of the contract. The provisions relating to the exclusion of the communalization pursuant to § 10 (1) sentence 1 of this Act, the restitution pursuant to § 11 (1) sentence 2 of this Act or the assignment to a housing cooperative pursuant to § 1 (5) and (6) of the Housing cooperative wealth law shall not be applicable in this case. (3) If a contractual reservation within the meaning of paragraph 2 is missing, an assignment as referred to in paragraph 1 shall be made if:

1.

the asset has not been mentioned in the privatization of the enterprise in the contract or in a balance sheet of the enterprise made to the subject-matter of the contract, only with a reminder value or in the form of a return, unless: this has been done for non-return-related reasons, and

2.

the asset has not yet been used in accordance with the provisions of the contract for an extension of the company or any other measure within the meaning of Section 3 of the Investment Priority Act.

(4) The preceding paragraphs shall apply to the application of the law on financial matters relating to social security in the territory of accession and to section 3 of the provisions relating to the management of the social security institution in Annex I, Chapter VIII, Section II, Section II No. 1 of the agreement of 31 August 1990 (BGBl. 889, 1042), in conjunction with Article 1 of the Law of 23 September 1990 (BGBl. 1990 II p. 885). Unofficial table of contents

§ 2 Procedure

(1) The transfer, transfer of assets or the cases referred to in Article 1 (2) shall be notified by the competent authority, after hearing all other eligible beneficiaries, in addition to the applicant, who shall be responsible for all the parties to the proceedings shall be granted in accordance with paragraph 5. The decision may also be taken after the sale of the asset. In this case, the acquirer is to be heard at a company of its legal representative. The communication may contain the express determination that an acquisition of the associated property by a person who cannot be the beneficiary of the assignment is ineffective. Otherwise, it shall be subject to the property, legal entity or other private rights of third parties, or to the individual designated participant in the property. In the event of prior agreement by the parties, which may also derogate from the provisions referred to in § 1, without violating the rights of other rights of assignment, an agreement of this kind shall be issued. In such cases, the decision shall be passed immediately, if the revocation is not reserved within a period to be determined in the communication, which may not exceed one month. (1a) The determination in accordance with § 1 (1) shall be made with the A decision on claims pursuant to § 1 (4) shall be made. If parts of the decision require investigations which have a lasting effect on the seizure of other parts of the decision, they may, where possible, be separately excreted. In the event of a decision being taken on a claim, the competent authority shall transfer the ownership of the property to the beneficiary, subject to the private rights of The transfer of ownership shall take effect with the indisputability of the fog. The property may also be transferred back according to a self-determination according to § 1 paragraph 1, if the property has not been owned by the object and the acquirer is in good faith. (2) The property of the property is a plot of land. or a building, they shall be indicated in the communication in accordance with Section 28 of the Basic Regulations; the exact location shall be indicated. Where a land is allocated to one or more authorised persons in whole or in part, the communication shall be accompanied by a plan from which the new land borders will be obtained. Section 113 (4) of the Building Code shall be applied accordingly. (2a) If a property is assigned or assigned to one or more authorized persons, it may also be decided in whole or in part by means of a communication with the allocation plan. The decision must then decide on the assignment of all or the respective parts of the plot in a communication. This is true if several properties in a contiguous area, which do not have to be subject to all of the assignment, are assigned or assigned to deviating land boundaries. In such cases, those persons who have not submitted an application shall also be involved in the procedure. (2b) In the cases referred to in paragraph 2a, an allocation plan must be attached to the communication, which must demonstrate:

1.

the land covered by the allocation plan;

2.

the new land borders and designations;

3.

the present owners of the newly formed land,

4.

the rights to be deleted, the rights to be transferred to new land and the rights to be re-entered.

At the request of the person concerned, the areas to be allocated to him shall be defined in the allocation plan according to his or her details, which shall then be classified as individual land. The allocation plan must be suitable for taking over into the land registry according to form and content or in accordance with the requirements of section 8 (2) of the Soil Protection Act; § 5 (5) of the Soil Protection Act applies mutagenic to the law. § 18 (3) and § 20 of the Soil Protection Act are applicable with the proviso that, in the case of the supplementary land reorganisation, the special authority for the update shall be the sole responsibility of the special authority. In an assignment notice with allocation plan in areas of complex housing construction or settlement construction, rights of property in the plan area and rights in a right under such land can be repealed, changed or new (2c) If the allocation referred to in the third sentence of paragraph 2 has been decided on through the allocation plan, the competent authority shall, at the request of a beneficiary, issue a Confirmation of confirmation with one of the asset allocation according to the allocation plan the corresponding allocation plan referred to in paragraphs 2a and 2b. (3) The communication shall act for and against all those involved in the proceedings. (4) The proceedings shall be temporarily suspended at the request of a participant if he/she is responsible for the performance of his or her (5) The procedure is the Administrative Procedure Act, Section 51 of the Administrative Procedure Act, however, only if the procedure referred to in paragraph 1 (1) and (2) of the Administrative Procedure Act (Verwaltungsverfahrensgesetz) is not required. prerequisite, not later than two years after the entry of the stock , and to apply the Administrative Appointing Act for deliveries. Deliveries are to be made in accordance with § 4 or 5 of the Administrative Appointing Act. If the recipient of a service is not domicated or represented in the country, the delivery shall be effected, unless special provisions of international law prescribe otherwise, after the sending of a copy of the certificate by the task of the (6) An objection procedure does not take place. (7) For allocation modestals under this law, § 3a of the Act of Appeal shall be deemed to have been received by the Post Office. Administrative procedural law shall not apply. Unofficial table of contents

§ 3 Basic Accounting

(1) Where a property or building or a right in a property or building is the subject of the date of the decision, the competent authority shall ask the Land Registry to register the findings in the communication as soon as the decision has been taken. has become final. If a person who is registered as the owner of the land register has been reserved for his rights in accordance with Article 2 (1) sentence 5, the Authority shall request the registration of an objection against the correctness of the basic book; The authority shall not request the authority to grant the assignment until the registration has been granted or if the missing authority of the registered person has been determined by a final judgment. In the cases of § 2 para. 2 sentence 2, the request shall not be forwarded to the Land Registry until the newly formed property is measured; the conformity of the measurement result with the plan shall be from the competent authority according to § 1 are confirmed. In the cases of Section 2 (2a) to (2c), until the rectification of the Liegenschaftskatasters, the allocation plan is used as an official list of the land plots (§ 2 para. 2 of the basic book order). In this case, the Land Registry can be requested to correct the basic book even before the rectification of the property register. (2) The legality of the decision pursuant to § 2 (1) does not have to be examined by the basic accounting authority. There is no need for a safety certificate issued by the financial authority as well as the approval in accordance with the land transport order, the land transport law, the building code or the law on building regulations. (3) fees for the general ledger adjustment or the registration in the land register shall not be levied on the basis of a request pursuant to paragraph 1. This shall also apply to the registration of the person who acquires the property or building from the authorized person designated in the assignment certificate, provided that the acquirer is a legal person under public law or a legal person of the Private law, the majority of which belong to a legal person governed by public law. Unofficial table of contents

§ 4 Basic assets of capital companies

(1) The President of the Treuhandanstalt or any person to be authorised by him shall be able to determine, by means of a communication, which capital company, of which all the shares are or are located directly or indirectly in the hands of the Treuhandanstalt. , a property or building according to § 11 para. 2, § 23 of the Treuhand Act or in accordance with § 2 of the Fifth Implementing Regulation to the Trust Act of 12 September 1990 (GBl. 1466), pursuant to Annex II, Chapter IV, Section I, point 11, of the Agreement of 31 August 1990 and the Agreement of 18 September 1990 in conjunction with Article 1 of the Law of 23 September 1990 (BGBl. 885, 1241), the extent to which it is transmitted is continued. In the cases of § 2 of the Fifth Implementing Regulation to the Trusteeship Act, the communication must contain the information specified in Article 4 (1) sentence 2. (2) If the communication has become indisputable, the President of the Treuhandanstalt shall request the (3) § 1 (6), § 2 (1) and (2) to (6), § 3 (1) sentence 2 and (2) to (4) shall apply mutamutly. Unofficial table of contents

§ 5 Ships, ship structures and roads

(1) The provisions of the first sentence of section 3 (1), (2) to (4) and (4) shall apply mutas to the ships registered in the register of ships and shipbuilders registered in the shipbuilder's register. (2) The provisions of Annex I, Chapter XI, Section III, Section III, No. 1 Point (b) of the agreement of 31 August 1990 (BGBl. II p. 889, 1111) on the Bundesfernstraßengesetz (Bundesfernstraßengesetz) shall remain unaffected. Where ownership of other public roads has been transferred to public bodies, the transfer of ownership shall be determined in accordance with the provisions of the Bundesfernstraßengesetz; this shall not apply to the extent that the President of the Treuhandanstalt in accordance with Section 1 (1), first sentence, No. 1. In the cases of the second sentence, the respective institution of the road load shall be responsible for the position of the application for rectification of the basic book. Unofficial table of contents

§ 6 Legal Way

(1) For disputes under this law, the administrative right shall be given. The appeal against a judgment and the appeal against another decision of the Administrative Court are excluded. This does not apply to the complaint against the non-authorisation of the revision in accordance with § 135 in conjunction with § 133 of the Administrative Court order and the appeal against decisions on the legal path pursuant to § 17a (2) and (3) of the Law on Judith Law. Pursuant to Section 17a (4) sentences 4 to 6 of the Law on Legal Affairs, the appeal against the decisions on the legal path is applicable. (2) Local authority in the case of decisions of the Federal Government's authorities, to which the competence pursuant to Section 1 (1) (2) of the Law of the Federal Republic of Germany ( 1 No. 1 pursuant to Section 7 (6) has been transferred, the Verwaltungsgericht Berlin (Administrative Court) is Berlin. (3) Court costs are not levied in proceedings under this Act. Irrespective of the number and the value of the assets concerned, the value of the item is 5,000 euros. Unofficial table of contents

Section 7 Implementing provisions

(1) The asset law, as well as the management rights and the management of lines for supply and disposal lines which cannot be allocated, shall remain unaffected. Existing lines which are not assigned are subject to deviating provisions in the Basic Law Unification Act or the Law referred to in Article 233 (3) (2) of the Introductory Act to the Civil Code for the duration of their current use, including operation and maintenance; § 1023 of the Civil Code applies mutatically; deviating agreements are permissible. (2) As long as the assignment of liabilities is not passed on by a final decision, may be a person from the assignment of assets of the former Germans (3) Applications pursuant to § 1 (4) and (§ 10) may only be required if the allocation situation is important and if the allocation process is operated. (3) shall be lodged by the end of 30 June 1994. The deadline may be extended until 31 December 1995 by the Federal Ministry of Finance's legal regulation. If an application is not submitted at the time of the decision, the decision to exclude the restitution (§ 11 para. 1) can be determined in the communication according to § 2; the conditions are to be made credible. (4) An assignment notice can also be issued if: a free supply of assets to legal persons under public law is to be made on the basis of budget-law appropriations. Any assignment notification may be changed with the consent of the beneficiary if the amendment is more appropriate to the provisions referred to in § 1. § 3 applies in the cases of sentences 1 and 2. (5) By means of assignment according to § § 1 and 2, without prejudice to § § 4 and 10 of the Basic Book Purification Act, an asset of a local authority or a federal institution may be public law or a capital company, the shares or shares of which are held directly or indirectly by one or more local authorities or by the Federal Institute for Special Purposeful Tasks , to one of the above-mentioned legal persons or to a Public-law Foundation. In this case, the provisions relating to restitution and the law on property remain applicable. The transfer is only possible after agreement of the parties (§ 2 para. 1 sentence 6); the application can provide both the donating and the receiving legal person. (6) The Federal Ministry of Finance is authorized to act by means of legal regulation the To transfer all or part of the responsibilities of the President of the Treuhandanstalt and the powers of a Chief Financial President to another authority of the Federal Republic of Germany.

Section 2
Power of disposal, promotion of investment and municipal projects

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§ 8 Power of disposal

(1) At the disposal of land and buildings, which are still registered in the land register or stock sheet as the property of the people, are authorized, irrespective of the correctness of this registration:

a)

the municipalities, towns and districts where they themselves or their institutions or the former wholly-owned holdings of the housing industry are registered as entities of the land or building concerned at the time of the disposal or if a a right of use has been registered without registration or in the event of the erasure of a legal entity,

b)

the countries, if the counties from which they are according to the country introduction law of 22 July 1990 (GBl. 955), pursuant to Annex II, Chapter II, Section A, Section II of the Agreement of 31 August 1990, in conjunction with Article 1 of the Law of 23 September 1990 (BGBl. 885, 1150), or the institutions of which are registered as entities of the land concerned,

c)

the Treuhandanstalt if, as the legal entity, an agricultural production cooperative, a former fully-owned estate, a former state forestry enterprise or a former forestry office, a former fully-owned stud farm, a former former horse breeding directorate or a former fully-owned racing company, an operation of the former combined industrial animal production unit, the Ministry of State Security or the Office for National Security is registered,

d)

the Federal Government in all other cases.

The federal government is represented by the Federal Agency for Real Estate Tasks. The Federal Ministry of Finance can designate a different authority of the Federal Government or the Treuhandanstalt as representative of the Federal Government by means of a communication for individual plots or by means of a general instruction for a large number of plots. In accordance with Articles 21 and 22 of the agreement, the Federal Government shall transfer its power of disposal to the country or the municipality in whose territory the land is wholly or predominately situated. (1a) Provisions as referred to in paragraph 1 shall be subject to the following conditions: do not comply with the provisions relating to provisions relating to the own assets of the authority empowered to dispose of it. In the context of the power of disposal, obligations may be entered into only in its own name, subject to the provisions of the Civil Code on representation. § 566 of the Civil Code applies in accordance with the provisions of Section 566 of the Civil Code. (2) The power of disposal of the owner or trustee's trustee of the person concerned shall be deemed to have been contractually agreed upon in the context of the power of disposal. The property or building as well as the rights of third parties shall remain unaffected. Legal transactions effected pursuant to paragraph 1 shall be deemed to have been made by a person entitled to a right of disposal. (3) The power of disposal referred to in paragraph 1 shall end if:

a)

in the sight of the property or building, a communication pursuant to § 2, 4 or 7 has become indisputable and

b)

a public or publicly certified document has been submitted to the Land Registry; the decision or certificate shall be taken into account, without prejudice to any further measurement to be taken.

Section 878 of the Civil Code shall be applied accordingly. The power of disposal shall continue to apply in the cases of the first sentence as empowered to make available, to the effect of which he shall have an effective duty, if, before the date referred to in the first sentence, the registration of a notice to secure the said (4) The land or buildings sold under the provisions of the first sentence of paragraph 1, as well as the remuneration, shall be notified to the Ministry of the Interior of the country in question and shall be included in a list. shall be recorded. The body responsible in accordance with paragraph 1 is obliged to apply at the same time at the disposal an assignment request in accordance with Section 1 (6) and the proceeds, but at least the value of the asset, to the one from an indisputable decision on the assignment in accordance with § § 1 and 2. (5) In the case referred to in the second sentence of paragraph 4, the operative body may, instead of the conversion of the proceeds or the value, the property on the property, part of the land or on a building or on a building or on a building or on a building or a building. Provide a replacement base. If the enacting body intends to proceed in accordance with the first sentence, the property shall be transferred, at the request of the operative body, to the authorized body (paragraph 4, sentence 2) by the competent authority (§ 2) (§ 1). Sentences 1 and 2 shall not apply to the ground and soil referred to in Article 1 (6) of the Housing Cooperative Property Law; in this respect, the procedure provided for in that provision shall apply. Unofficial table of contents

§ 9

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Section 10 Municipal projects

(1) On request, the President of the Treuhandanstalt der Commune shall transfer facilities, land and buildings to self-management tasks in accordance with the provisions of Articles 21 and 22 of the Agreement, if they are owned by the President of the Treuhandanstalt der Kommune. of undertakings whose shares are located directly or indirectly in the hands of the Treuhandanstalt. In the case of the transfer in accordance with the first sentence, the opening balance sheet of the trustee undertaking and the overall balance sheet of the Treuhandanstalt shall be corrected in the appropriate application of Section 36 of the D-market balance sheet. The Treuhandanstalt is not liable for the provisions of Section 3 of the D-Marks Balance Act due to the measures provided for in the first sentence of sentence 1. Sentence 1 shall not apply to facilities, land and buildings which have been used for commercial purposes or which have been incorporated into a business unit and which cannot be transferred without significant impairment of the undertaking (operational facilities, land or buildings) or if the municipality has a claim pursuant to § 4 (2) of the municipal property law for the transfer of shares in the company. With the transfer the municipality enters into all legal relationships existing in each case with respect to the establishment, the land or the building. (2) If assets under paragraph 1 were transferred to third parties, the municipality of the proceeds shall be returned. Further claims do not exist.

Section 3
Content and extent of the restitution claim of the public authorities

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Section 11 Scope of retransmission of assets

(1) A return transfer of assets pursuant to Article 21 (3) (1) and Article 22 (1) sentence 7 in conjunction with Article 21 (3) (1) of the Unification Treaty (restitution) may, without prejudice to the further conditions of the Articles 21 and 22 shall be claimed by the respective owner or authorized person. The retransmission of an asset is not ruled out solely by the fact that it is the property of a capital company in accordance with Section 11 (2) of the Treuhand Act, the shares or shares of which are still in the hands of the Treuhandanstalt are located. The retransmission shall be excluded if:

1.

the assets are used for a public task in accordance with Articles 21, 26, 27 and 36 of the agreement on the entry into force of this provision,

2.

the assets on the 3. October 1990 in complex housing construction or settlement construction, for which concrete execution plans were available for use in complex residential construction or settlement construction, or where these were the conditions of § 1a (4) sentence 3 ,

3.

the assets at the time of the decision on the application for retransmission of the commercial use are supplied or incorporated into a business unit and are not transferred back without significant impairment of the company (operational facilities, land or buildings),

4.

a permitted measure (§ 12) is carried out;

5.

the assets have already been sold at the time of the decision on a commercial basis or have become the subject of the surcharge in the forced auction; § 878 of the Civil Code shall be applied accordingly.

(2) Insofar as the right to retransmission is not excluded in accordance with paragraph 1, assets shall be transferred in the state in which they are located at the time of the assignment of the assignment (§ 2 para. 1a sentence 3). There shall be no compensation for improvements and deterioration, without prejudice to the third sentence, without prejudice to the benefits already carried out. The person entitled to dispose or to dispose of it may, after retransmission, only substitute for the measures taken after 2 October 1990 for the construction, modernization or repair of the person entitled to dispose of or the right to dispose of the person concerned. provided that they are still valuable at the time of the decision on the transfer. The costs incurred up to the retransmission for the usual maintenance of the assets as well as the benefits drawn up to that date shall remain with the person entitled to dispose of the assets, unless otherwise agreed. The competent authority according to § 1 shall decide on the claim in accordance with the third sentence by means of a separate decision. Comparisons are permitted without prejudice to § 2 (1) sentence 2. The costs of an expert opinion shall be borne by the beneficiary and the pledge, each half of which shall be borne by each party. (3) From the entry into force of this provision, Article 21 (3) (1) and Article 22 (3) shall apply. (1) in conjunction with Article 21 (3) (1) of the Agreement, with the proviso that the successor to the law is the public-law body, the institution or bodies of which has been in force since the third subparagraph of Article 21 (1) of the Agreement. The public sector, which has exercised the public-law body, which has provided the asset in question to the central State, is responsible for the public functions of October 1990.

Footnote

§ 11: In accordance with the decision formula with GG (100-1), according to the decision. BVerfGE v. 11.3.1997 I 1340 (2 BvF 2/95) Unofficial table of contents

§ 12 Permits

(1) Insofar as an asset is subject to or may be subject to restitution, which is not excluded in accordance with Article 11 (1) Nos. 1 to 3 and 5, an offer, a building or a longer-term lease or lease shall be permitted if: it serves to carry out a permitted measure. Measures are allowed if they are

1.

for one of the following purposes:

a)

Securing or creating jobs;

b)

Restoration or creation of housing,

c)

infrastructure measures required or assessed by measures referred to in (a) or (b),

d)

Reorganization of a company or

e)

Implementation of an identified public planning project and

2.

the use of the asset is necessary for that purpose.

(2) An authorized measure referred to in paragraph 1 may not be carried out until it has previously been indicated and a waiting period of four weeks has elapsed. The indication of the proposed transaction has the name of the property and the purpose in general in the information sheet of the country of concern and of the legal person of the country of origin, registered in the land register prior to the transfer to the general public. Public law or its legal successor shall be made. An agreement with the parties to be involved shall be taken at an early stage. The period begins at the places to be notified immediately with the receipt of the message, otherwise with the publication in the newsletter. (3) If the claim for restitution is not manifestly unfounded, prohibiting the right to restitution according to § 1 shall be prohibited. the decision on the claim in whose district the asset is situated shall, at the request of the claimant to restitution, the measure if it is not admissible pursuant to paragraph 1 or if the claimant is not allowed to take part in the decision at the latest one month after the date of the decision. Expiry of the waiting period (paragraph 2) credibly states that the property shall be the subject of a the immediate and immediate administrative task is urgently needed. In such a case, a reasonable period of time for implementation shall be determined. (4) If an application is submitted in accordance with paragraph 3, the measure may not be carried out until after its rejection. The applicant shall inform the person entitled to dispose of the application pending the determination of the right of disposal of the application. Unofficial table of contents

§ 13 Balance of money in the event of the exclusion of the retransmission

(1) The person whose claim is excluded pursuant to Article 11 (1) (3) or which has been convicted in accordance with the principles contained therein before the entry into force of this provision may be convicted by the assignment of the assignment certificate. require direct or indirect owners of the company to pay compensation in accordance with the law referred to in article 9 (3) of the property law, provided that the condition for the exclusion does not expire on 29 September 1990. (2) A permitted measure was carried out or was the In the case of an enterprise, the right to dispose of an asset at the time of the decision is already sold, the person entitled to dispose, the trust institution or, in the cases referred to in Article 22 (2) of the agreement, the federal government for the payment of an asset. Amount of money committed in the amount of the proceeds. If the proceeds are not achieved or if the proceeds are not clearly and without any factual reason which the asset has at the time of the commencement of the measure, then this value shall be paid. This shall apply mutatily if, with the consent of the applicant, or after the 3. However, the applicant has not made use of his rights pursuant to § 12 before the entry into force of this provision or if the applicant has not made use of his rights under § 12. If the order was made available in accordance with § 8, the authorized person is obliged to pay; his obligation under sentence 1 shall then replace his obligation pursuant to § 8 para. 4 sentence 2 half-sentence 2. (3) The decision shall be taken on the basis of claims under this rule. the competent authority in accordance with § 1, in whose district the asset is situated, shall be permitted to make comparisons according to § 2 (2) (2) sentence 2. Section 11 (2) sentence 6 shall apply accordingly. Unofficial table of contents

§ § 14 and 15 ----

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Section 16 Preeminent transition of imperial wealth

The acquisition of property pursuant to Article 21 (3) (2) and Article 22 (1) sentence 7 in conjunction with Article 21 (3) (2) of the agreement shall be deemed not to have been carried out under the conditions set out in Section 11 (1). Measures in accordance with § 12 may be carried out by the body which would be the property of the property without the transition to the federal government. § 11 para. 2 and § § 13 and 14 apply to a transfer of ownership in accordance with the provisions of this regulation.

Section 4
Rules for individual subject areas

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§ 17 Application of this Act

This law shall apply in respect of transfers of property or a transfer of ownership in accordance with the provisions of Articles 26, 27 and 36 (1) of the agreement and of the provisions below. In so far as nothing else is determined by federal law, property can also be transferred to legal persons who have emerged from one of the special assets mentioned therein. Unofficial table of contents

§ 18 Regulations for the special assets of the Deutsche Reichsbahn

(1) Without prejudice to the transfer of assets to the special assets, the second sentence of Article 26 (1) of the Unification Treaty shall be applied with the proviso that the assets referred to therein shall be subject to the special assets by means of an assignment notification in accordance with Section 2 of the Agreement. Deutsche Reichsbahn, or special assets or legal entities, which are to be transferred from the German Reichsbahn or from it. The dedication for a different purpose, even if it has been approved by the special assets or its litigation, is only significant if the demise does not comply with the principles of one of the conditions of the former German Democratic Republic Republic of the proper railway industry. The transfer shall be effected only at the request of the special assets, which may be made until 30 June 1994. To the extent that the transfer of ownership to the special assets has been decided by a final decision on the basis of these provisions, it remains hereby. (2) Article 26 (1) sentence 3 of the agreement is no longer to be applied. The Offices for the regulation of open property issues shall, on their own account, issue their applications to the respective Chief Financial President responsible for the Land, which shall forward them to the competent authority. They shall be considered as a request under the third sentence of paragraph 1. Unofficial table of contents

Section 19 Rules applicable to the special assets of the Deutsche Bundespost

(1) Without prejudice to the transfer of assets to the special assets, the second sentence of Article 27 (1) must be applied with the proviso that the assets referred to therein shall be transferred to the special assets of the Deutsche Bundespost by means of an assignment notification in accordance with Section 2 of this Article. or legal entities established by law. The dedication for a different purpose, even if it has been approved by the postal assets or its litigation, is only significant if the demise does not comply with the principles of one of the conditions of the former German Democratic Republic Republic of the proper postal economy objected. The decision shall be made only at the request of the special assets, which may be made by the end of 30 June 1994. To the extent that the transfer of ownership to the special assets has been decided by a final decision on the basis of these provisions, it remains hereby. (2) Article 27 (1) sentence 6 of the agreement is no longer to be applied. The Offices for the regulation of open property issues shall, on the basis of the Office's special assets, issue an application to the respective Chief Financial President responsible for the Land, which shall forward them to the competent authority. They shall be considered as a request under the third sentence of paragraph 1. Unofficial table of contents

Section 20 Rules relating to radio and television of the former GDR

Assets and assets which are not assigned to the special assets of Deutsche Bundespost pursuant to Article 36 (1) of the Agreement are available to the countries of the territory referred to in Article 3 of the Agreement for the entire hand. Moreover, Article 36 (6) of the agreement shall remain unaffected. Countries may request that assets and assets be made to the countries of a single institution or to one of those in the first sentence, in accordance with the outcome of an agreement by the parties concerned by means of a notification of assignment, either directly or after the assignment has been made. shall be assigned to these countries. In the event of a consensual assignment to a single state broadcaster, its prior consent is required. Unofficial table of contents

Section 21 Relationship with other provisions

(1) § 11 paragraph 2 sentence 2 of the Treuhand Act and the provisions of the Fifth Implementing Regulation to the Trust Act remain unaffected. (2) Article 21 (3) and Article 22 (1) sentence 7 in conjunction with Article 21 (3) of the Agreement Treaty and the provisions of Section 3 shall apply in accordance with the assets referred to in Articles 26, 27 and 36 of the Agreement. Unofficial table of contents

Section 22 Overline provision

In accordance with § § 9 and 15, this law shall be applicable in its version valid up to this point in time to be applied before 7 February 2002.