The platform addresses the problem
the provision of the confiscated property, destruction of businesses (goodwill)
and repeal of favorable lease agreements or purchasing equipment company and a living walking hand in the destruction of the
business. Copyright problems have now little more important. As historically
relevant legislation is the third source Restitution Act used.
The Restitution Act of 06.02.1947 on
the nullity of arbitrarily confiscated
Property by law, by administrative order and legal transactions is a general
law, in contrast to the first two laws.
The platform focuses on the entrepreneur and here as up to date with legal
transactions and is also trying as far as still relevant to address the deprivation of property law provisions relating to
legal persons. (The Act, in addition to the restitutio in integrum and the reconstruction of society in mind.)
Historians Commission, with the
the victims of a hide and seek play on. It relies on
Confidentiality, with the question
the object of secrecy is, at least in private
Assets shifts available because such
evident from the aforementioned, the surveys are not required for in Austria
took place. I have in this regard
absolutely reliable in land registers
satisfied. I began based on the
activity of my father's interest as Chairman of the processes strengthened.
Methods worthy of the Historical Commission, I call civil law as a sham. (According
to § 871 Civil Code, an illusion made unconsciously in an expert - but what can you actually believe this?)
In any case, victims of the Third Reich under duress (§ 870 Civil Code) have
been deprived of assets, whether this is Jews, socialists, or resistance fighters, Roma
but also be mentally ill. In the latter case, without a guardian in the Third
Reich no statute of limitations.
The literature in individual monographs has different views and various legal opinions on.
In addition to confiscation of
Businesses as shown above, the deprivation of property registration law applies
primarily-but again, the third-law provision, however, not as in the
Literature noted for damages, but
from the perspective of tort law on general rules, because the question is not relevant here fault reset after the third law.
(In addition, the ABGB Recourse - This question was often inaccurate negative
It is here, starting to take place after the third Restitution Act to restore
(restitutio in integrum) of the former state under § 1323 Civil Code. (On certain legal persons mentioned in the Act
- I call the Ges.m.b.H because we are in Europe
one of the pioneers were here in 1905.)
The formulations of the
first two laws provision, it is noted that the property-letting the Nazis were
always dishonest. Thus, the legal opinion of the Chairman of the provision of the Federal Commission Bruck
Mur on the basis of his handwritten notes to the law.
The New York attorney Dr. Frederick Kulka (former lawyer
in Vienna) from his memoir seems like problems in the third Rückstellungsgetzes
ÖJZ (Austrian Law Journal)
1947, 276 et seq seen neither the legal reality
in the Third Reich - obviously sufficiently recognized because of the distance
to have, nor is it about
the intention of the Austrian legislator
informed. (Official Report.)
Also, it is not just how he performs at the profits made by the acquirer or
could have, but damnum emergens (see legal execution in my sides criminal defense and importance of Roman law in its current
application and condictiones - the pages are still under construction), the matter is far more complex.
Primary, according to the third provision of a Natural Law of Restitution
§ 1323 Civil Code
assumed. To this end I will discuss further below and methodology in practice,
and particularly why the historical commission was not sufficient in general find it to run. The work has cost at least 5.6
million € of the Republic.
I write the pages also because a historian who has found work with me for a
large number of farms, that repatriation of confiscated private property has taken place. Once he was even threatened by his
investigation. At first this is when I mention the name of any one term in Austria.
If restitution has not taken place, this is due to various causes.
But I have not only those cases in mind
where formal contracts were
built and the reversal of the issue of deposit of the purchase price of credit in favor
the buyer should take place, but particularly to acquire in the course of deportation
to death camps, rape, exploitation and crimes against Humanity in the causal
connection with the Linearization.
It is not about crime of simple members of the Wehrmacht (the army however,
was often involved in crime), but of organized crimes of the SS as a government job and part of the controlled war economy
in its unity in terms of a state criminal organization with privileges Preferred knowingly with vis absoluta
(= Constraint-based absolute nothingness) and have acted criminally - even
after the text of the criminal law of the German Reich debt have loaded up. Only the privileged
usually came to enjoy such property shifts, organizers
institutions such as the SS or special printing of the SA to override Jewish
shops in Austria, mostly medium and small enterprises, of which 60 percent of Jewish businesses were affected. In 1938, the
private personally enriched at the Jewish Possession. The Treachery Act has already
been issued against dissenting 1934th Also worth mentioning is the Law on the expropriation of macro-and the State's assets
from 1933 That the seizure
allowed if proceedings had been initiated. Under that law, Thomas Mann was
deprived of his property. Some of them came after the war and were not officially recorded so also in the district of Bruck
an der Mur and also was not capital repatriation. This is without prejudice to the then forms with Selbstregistrierungspflicht
former SS members. One of the first laws in 1945 under the State Chancellor Karl Renner.It is not just a fraudulose - and therefore fraudulent form of expropriation,
but there was - most severe coercion with threat of personal annihilation off of the victims to expropriation of property
by paying the flight tax, the assurances were often not respected and they were taken to extermination camps accompanied by
countless accomplices, brokers conceded the right and left, but were particularly
Nazi lawyers at work that is additional discussion in the context
the negotiation of flight capital could be highly rewarding and, in agreement
with the state the purchase price after the attorney Einbehaltungsrecht compensated
One hand, offenders at work, which are to be assessed under the international
criminal justice on the other lawyers were the in-depth legal knowledge of the principles of the Government made an accomplice
and were accomplices.
I speak here of a group of lawyers with education level of the then
Universities in Austria enforced since the port. (See State Laws
No.1 of May 1, 1945).
From this point of view is the civil rights prosecution of the victims pursued.
I am not just a rei vindicatio (ownership claim a property-acquisition has
not taken place),
but also to a common organization of the affected victims.
Not only the laborers have a legal right, but not against Austria, as this
was set as a subject of international law. (This problem I have in the company's platform is not dealt legally.) They were
also part of the German war economy. Benefits went the German war industry entrepreneur
whose have enriched. Some were then convicted criminal, but pardoned almost
Liability for the good will of a company is no longer be available, if because
of the war, but not in mixed
Chance (casus mixtus) is lost. But when the Nazi claim in the absence of entrepreneurial
skills could not.
But I would say it, the company must
events of the war have survived or have liability from the viewpoint of the conditions
the revival of the company there. I would not go from the point of liability to the extent that this is the responsibility
of the Purchaser, if not more due to circumstances not related to his area of responsibility the company exists. (Theory of
Supreme Court.) - Unlike the interpretation after the third provision of law,
Dr. William Rauscher, head of section in the Ministry of Justice in ÖJZ 1947 367
Processes concerning companies were not conducted in Upper Styria practical,
of leases for cheating
up in the sixties.
Property transfers by default commissions were carried out in general terms.
In many cases registered for the privileges, a special lien under the Restitution
Act, according to information in non-contentious before the restitution
Commission. The District Bruck an der Mur were not payments to an escrow account
or use of the purchase price for tax evasion by the Chairman of the Restitution Commission in favor of the defendant as a
purchaser brought into account.
There was a harsh climate. An affected even the Nazi doctors sought
Wife of the President on it because his house he had to pay a second time,
his subjective opinion. Presumably he was in good faith.
Actions in Bruck an der Mur (Steiermark - Styria) were not
in the register cases were treated.
In the inlet was from 1945, the reliable
Hildegard Werdonig. In the underground department Fischer. From May 1, 1945, in the inlet of the BG Bruck an der Mur
woman Hildegart Eisbach
Service. At that time there were no judges. The people gathered in Bruck an
der Mur in the main square. It rang the church bells. The weather was tolerable. It has
just not rained. The first judges of the chairman of the Restitution Commission came to the service in October 1945.
The way to the register in 1947 was far and then the official responsible
staged a mess and it was found that for weeks not act entirely in the register
were entered in full. The Chairman of the Restitution Commission had to take measures and checks. In Bruck an der Mur were
for the most active National Socialist Lawyers. Dr. Lipterler Mittergasse, Dr. Lenz Grazer
can gate. The structure of the office of Dr. Dedovic Minoritenplatz not judge
me , But it speaks a lot against the reliability. The later law firm partner
turned to fraud to help because of this notice
against his indictment to the Chairman of the Restitution Commission, which
at that time was already a lawyer. It was
ultimately to the deletion from the attorney-
list. At the same time was the son of an SS doctor and SS Colonel Lieutenant
Colonel firm partners.
The population was also characterized in the postwar period by the Nazis. Even
in 1971, Dr. Jörg Haider by
the known interruption in the Carinthian state parliament of
Jul 13, in the ordinary employment policy
Third Reich made known its view, in which he expressed himself - which have
brings together not even the government in Vienna.
A historian himself has known me
Inquiries made and it is under the platform.
Shortcomings of the Historical Commission:It has been shown to no one looked through the collection of documents in the
land, let alone the register.
It is certain that old Nazis
organized in space Bruck an der Mur.
They even had a place where they secretly
met as a conspiratorial group.
The shortcomings of enforcement lay in the political constellation of Austria,
the lack of judges and officials, but also not shied against certain acts to destroy
, As is the chairman of the Restitution Commission noted - and wildly through advertisements around beating Nazi lawyers
such as Dr. Lipterler Bruck an der
Mur against the Chairman of the Restitution Commission.
Dr. Karl Renner was sitting beyond the Semmering (Russian Zone) in Vienna.
The government was only recognized in October 1945 by the occupying forces. At that time the chairman of the Restitution Commission
began its work and dealt primarily with the War CrimesAct. The
State Government had been bypassed for the reinstatement of Nazi lawyers by
the Bar in Vienna and Lower Austria.
In Upper Styria only a lawyer, the registration was denied. Dr. Pichler Leoben
on its extensive library, I have by accident.
Evidently has a former SS officer with the necessary reliability under the
then provisions of the RAO, although this is at that service law judge in opposition.
The legal claims against the Republic
Austria are barred at the identified situation. (- However, see below.
It can not be assumed that
you will be burdened with such accusations as such. Because of the obvious
inadequate services provided by the Historical Commission's initiative announced.
It is not only a historical burden in itself, but there was in this period
(1946 and 1947)
in all areas of justice and of the
Administrative law, a state of inaction, as is described in the literature
before all ÖJZ 1947th
The most important thing for the investigation is the Address. House numbers has been changed to refer, for example, the City Council Bruck
an der Mur. The old index cards at the land have been destroyed. The Survey has its own records from 1624th The document collection
of basic books dates back to 1922. In addition, there is an archiving system, which goes back well before 1624th Maybe you
still have an old postcard that you received.
The accrual laws were not a scientific masterpiece, but an attempt to avoid
a variety of different choices, perhaps quite dogmatic the way forward. It would also have a
made arrangements with the adoption, taking good faith would have been to regulate
Starting from point
on the property purchase, the practice
tread today, it is. If
the emtpio venditio - ie buying and proper handling by the formula
purchases and transfers, but this fact for the validity of the agreement
in terms of delivery, such as Guard of common boundaries and (or) transfer
of administrative records - traditional lunga manual or at least personal delivery of the key-traditio brevi manu traditio
symbolica and has done well to actually between the parties.
A condictio furtiva was never part of the Austrian legal system, but whether
such a Turpen causam (see additional pages.) (Now here is the thirty-year limitation period expired after the Condictionenrecht.)
Key decisions are for the majority of cases are not addressed. ausjudiziert
It was nothing. (The pages dealingfor the time beingnot with the art processes. To Paul Klee see below.) In the commentary
2nd Edition, page 173 in the editorial note 2 states that a publication requirement
in the rei vindicatio already exists with malice.
The Civil Code is based on the teachings of the historical
usus modernus pandectarum - with the purchase titulus and modus adquirendi
requirement as there must be -. In Title is any legal possibility of property acquisition - including buying
(Contract). It requires agreement on the basis that a transfer of ownership
should. The title must unbehaftet of
Fear, terror, coercion (compulsiva vis) be otherwise, is as with malice
a property transfer is not concluded. (absolute nullity
Civil Code § 879!).
Violations of criminal provisions are violations of prohibitions in the sense
of § 879 Civil Code Section 1 first half and lead to invalidity Ehrenzweig, Schr, 161.Darunter also covers criminal offense
treaties such as treaties of National Trust Lawyers - Notaries, or lack of available power
(SZ 25/66) or generally cit.leg after the first sentence. of binding norms
of private law such as the lack of representation at the former situation, or even absence of the legal requirements of commercial
design and ownership. (See Mayer-Mally, Münch. Rdz comment. 5 to § 134
d.BGB). would be for the issue of good faith with the interpretation in a context
Substantive pleas of the historic legislator § 6 Criminal Law
To follow up that the abusive
Enrichment, even at an acquisition which is conveniently situated in relation
Conditions is seen in context.
But the purchase of property use was controlled in bankruptcies and tax enforcement
procedures such as the one to be struck and JUVA. (Anders, the situation of forced sales).
The afflicted with these defects the property of the defective title makes
no acquisition of property and can the request of the victim and therefore not barred. (See below.)
Of course, today, every case is different and requires it to assess the appropriate
accounts, after which the assessment
based on the Civil Code in its issue
of 1945 (or 1939) is. In any case, in the version of the III. Part novella
in 1918, the inclusion of the concept of invalidity on the d.BGB (§ § 134 ff)
befrom inadvertent, it
replaced by Civil Code § 879 as
determination is today.
Civil Code does not, however, the concept of
as a technical term for the purposes of
- and is here again in this
to nullity (!) From.
invalidity of the phenomenon there (only) from
sum of rules of interpretation. (see
Gouttes, system de nullité, ZSchwR, 1929
Gschnitzer (University - Innsbruck) goes with his interpretation of invalidity, that
the property coincides absolutely (we
only into the house
Go ) - Obviously the last resort of the country - with an absolute effect
everyone from. (She describes, in any literature reference.) The retrospective Destruction
has , if the ultima ratio occurs in any case
find ways of its own account.
The State Government, Dr. Renner was not
regulate in the first hours of the Second Republic, all eventualities. In some
is the Law (Restitution Act) - which is still running concern.
the judgments after the third Restitution Act
as evidenced in the records, however, hardly anyone has been taken against
the decisions of a Appeal (Applies
only to the Greater Bruck an der Mur ) Collected.
But was the free-law judge then torpedoed in every respect and it was disabled
as in Carinthia. In Salzburg, only religious goods back-
led. Landtafel goods are also affected.
The applicant or applicant now has legal claims against the purchaser. The
third party purchasers
can not invoke the fact that the lack of
Consent was not known.
The legal solution is not
under an action for rescission under duress - such would be possible with the
relevance of criminal behavior 30 years. It must be proved criminal qualified
Actions. (Works but also in List - from this point.)
The way forward would be in a
in terms of a lawsuit against those of the case without
Legal reason has derived from it with
Right to restitution. This needs to Gschnizter (University of Innsbruck) no
judicial enforcement to bring about the invalidity of the acquisition business - he thinks, however, that a judicial finding
may required to effect a surrender, which is noted that this is technically not a factual statement, but a rei vindicatio
(property claim) is. Agree with his view is that there is a complete annulment of the start-ie ex tunc. (See GLUNF 13 020
- before the third part novella, but also
1964/424, Koziol and Welser-, 5th ed, 125-I literally such contracts give anyone a right).
The comments of Gschnitzer (University of Innsbruck), of his sources are silent and cryptically true on closer inspection in the result. (see the bottom of the
The information that led to the expropriation are Klagserzählung execute and to demonstrate and earlier
the contract in the document library to copy the land register. (Or in Carinthia
in the archives of the country table in Klagenfurt or in other places - it was time to Carinthia, only a district court. Sufficient for the search is the
Address. The house itself you will probably see no more, but the facts of the wrongs is not as indelible in the memory.
(See the legal situation Ehrenzweig I / 2,
Page 296 ff; Gschnitzer in Klang, Commentary on General Civil Code,
I, V, 1 ², 166 f). (The second version of the page for the English translation
is more accurate).
The only effect of a void contract
is founded provide the information. For these types of invalidity, there is
no statute of limitations . The exercise is void of official channels.
challenge is not necessary - see also Honorary Branch, 173 Schr see also Nef,
Contributions to the doctrine of legitimate fraus facta, 1895). Additional even if historically the law of nullity May 15
1946, Federal Law Gazette No. 106 / 46 and the first from the Restitution Act
Jul 26 That
specified therein capital shifts to the
German occupation of Austria for zero
and were declared invalid if, in
The course of his German kingdoms were made by the political and economic penetration
was made to natural and legal persons Ability to evade after Deadline
13th March 1938.
The recipient of a contribution from void contracts has re-initialise all the
things to the recipient of the contribution represented an asset, bringing Zeiler in his commentary
III a to § 877 Civil Code, expressed
that it wants the law that
those who lack consent of psychological skills, or where a
genuine legal consent can not be adopted (§ § 865-876), in this contract no
harm may be followed after the father of the Civil Code, the
the flight control or atonement by a void
Contract as part of the consideration - which is to replace-recorded.
This also applies to the interpretation from today's perspective
after the Civil Code.
regard to the law and the immorality of the upper term
can be assumed - despite the
the third part of amendment to the Civil Code
in a split
and immorality (Zeiler
III 45). With regard to the immorality of Civil Code § 7-natural law principles
thus the reference to
order is established.
Ehrenzweig, Sch R 51.) The
of immorality saves
patient-oriented regulation of the
The transaction is
if it violating laws against Austrian and
this point of view is the
of the problem already posed by the natural law concepts into the Zeiler ABGB flow lies. It is also the
character of the agreement
take account of each contract concluded. (Mayer-Mali, Mobile System, 123 ff).
review after the first
cit. leg is unethical
19 a RAO, according to current legal position - (SZ 55/11) and
in the period under Minister of Justice Dr. Schlegelberger. But
international standards or violations of foreign exchange regulations with injurious
and much more will be considered.
The practice in fiduciary assets (a call list!) Was the most-
shape that the
Entjudungserlös are not available for discretionary
was a formal power over the accounts given and not in the interests of
the Consuming part of the policy
of the Third Reich
political racist measures. (See
Ehrenzweig II / I, § 417, S 740 - the recipient of the money must
be able to on the sale
to have discretion, otherwise the exit costs are cheap, or what was given free
for free use.
Also sound is aimed at using the free option. (See comment II 2, page 161-162.)
is the chairman of the Restitution Commission
worked with the simplest of tools. It is certain that he has the Brief commentary lacked. He used
the state - or Federal law leaves and
the stenographic records , Referred to by my comments were not published, the
Comment from Rye appeared 1953rd
Probably was a comment from
Interwar used. The court nevertheless had the federal law leaves.
was actually used Ehrenzweig.
The Chairman had its own stenographic transcript with comments from the complete
Furthermore, a complete edition of honor branch
it before the National
Book burning had saved. I could
You will notice that the system he Ehrenzweig
according to its own division into paragraphs
still dominated in the sixties.The judgments were
correct. Older certainly valuable
Literature was not available.
Some authors presumed in the former
Time that absolutely must be applied Roman law, the principle
even agree with - is, however, under
Inclusion of the Pandects (gr include everything) to the time of the
usus modernus of the Civil Code has shaped. Anton Randa (Knight of o.Univ.Prof.)
Refers to the possession of the property including claims under Austrian law, issued in 1879, and 371 on pos.vitiosa nulla.
Here also is mentioned dolose misleading, leading to invalidity. The transaction is invalid in itself. The question of limitation
is addressed at all here. The subsequent codification of the Civil Code is also influenced by the historical school. He also
Transcript of a lecture on Roman law with
Notes from the lectures of
Prof. Steinwender is. In the transcript of each
Word of the lecture included. (Similar
Transcripts in civil law. ) The Rome
However, came right in the lectures
From 1920 to his retirement. It lacks the
Example Pandectists. (E.g. recognizable
from the work of Edward Heilfron Berlin 1906
(His output from 1920 is already
Law worthless. ) Major
are the lectures of Prof. Hiittenbrenner
1905 University of Graz and Trieste.
The work of Heineccius on the lectures at the high school in Vienna of the
time of Roman Law in the Period of
Naturechtes has gone down for the objective assessment of no importance. The
(Roman) common law is 1806th The Codex Theresianus I no longer need. He is also involved with titulus and modus adqirendi
and is on the reading list for the seminar at the Institute of Roman Law in the winter of emeritus Univ. Prof. Dr. Wesener. If science could affect the teaching of the titulus
mode used and significant.
In itself, I see my legal opinion with the
subsequent reference in the comment
of Zeiler covered. I have also
Decisions of the Administrative Court in Construction Methods
in Carinthia in relevant cases, action
an absolute nullity under quote by
Found § 879 Civil Code.
Why I write these lines.
It is a myth, Franz Anton
Felix von Zeiler the father of the Civil Code is but one
excellent civil law That from
the time of Martini
could provide an authentic comment. The
Total work and creation was done by
Baron Dr. von Martini the finished work of
WGGB brought out as 1797 (although
but without condictiones and more extensive
Personality as the Civil Code.
These documents and views also
via correspondence with Dr. Ritter by Randa property law and land I can probably
only American universities . Get
This does not mean that Austria had no
Material available. But the most important works are in America. In this regard, I request Help. On other documents
such as the comment by Stubenrauch from the revolutionary year of 1948 I have.
Even on a paper
an earlier SA-Lieutenant Colonel on the subject. (He was just as Uniform
not to be subsumed under the War Crimes Act SA-Lieutenant Colonel Univ. Swoboda,
Graz see before Notary newspaper in 1933, 96 ff, however, here for the usurious transaction is-here-his Rechtsauffasung not
to follow the underlying transaction is void - absolute nothingness.)
Finally, I realize that the blood
were taken from the Third Reich from 1960 in the Judicial Service.
The Provision processes in general had
to fail In church circles
- Salzburg, they were organized.
For Dr. Karl Renner in Vienna the situation was not foreseeable. He was also
Bar Association of Vienna and Lower Austria fooled. (See also the text of the
RAO BGBL from 1945!)
The National Socialists have organized themselves.
The processes would have been to Austria, a program for years. Decrees were
been installed. The Civil Code would have the
Requirements that result as stated. The title of acquisition than was secured
sufficiently. Martini has employed here also natural law reasoning.
The laws of Dr. Charles hit in years
1945 were partially covered e.g. after
the Kriegsverbrechergesetz, according to which no objection
could be brought against the indictment and immediate execution took place
without any possibility of appeal. Does not the democratic minimum requirements. There were
autistic systems that I advocate in the mirror
would run closer.
Also from witness
I know why DDr.Gross as a lawyer
took refuge in Kapfenberg. Previously, he has
expressed about the Nazi judiciary in Carinthia and submit statements and documents
Carinthia deposited in the Vatican. DDr.Gross was
always under a special protection.
When he fell ill with Alzheimer's I was able to
protect a certain right-wing group of lawyers written in his style. more
Remarks in this connection are in the side bar mirror.
The processes are driven.
Absolute nullity of the
Contracts, here is a retrospective Nullity ex officio conditioned
the effect produced by anyone
furthermore, the impossibility of limitation and the ultima
reason as a requirement of invalidity
is satisfied, where historically no possibility of interpretation in the circumstances
identified is given. (Senate President Univ.Prof Dr.Gschnitzer).
1stClaim letter to the Republic of Austria The attention of the financial
prosecutor with a request to dissolve the agreement in each case. But definitely not a form
but accurate models Prior to completion of a
Legal expenses in Austria, the risk
Compensation and protection of property (includes different packages accurate
consultation needed before concluding the worst variant scope of coverage Generali best variant Lower - cover. Exhaustion
of the appeal stages.
If it is rejected if Convention
membership there is the road to a European Court of Human Rights in Strasbourg
- Deadline six months - including for violation of the fundamental right of property - or even at delays in the proceedings
for infringement of a fair trial.
The costs borne by the Council of Europe or the United Nations Convention without
permanent membership - international (human rights) Covenant on Civil and
Political Rights-CCPR. , The admissibility of individual complaints was long
doubtful. (Felix Ermacora,
The UN human rights covenants as part of the Austrian legal system? , JBL 1979.191
The Republic of Austria challenges the validity of the UN human rights pact
despite existing convictions on the basis of individual complaints and now this long-standing practice of meeting of individual
complaints against Austria and reference that belongs in terms of compensation resitutio, which is ignored by the Constitutional
Court. The Republic of Austria is also subject to the right of individual petition opportunity in Federal Law Gazette 105/88
and tranformiert these provisions of Article 9 of the Federal Constitution in the legal systems. In the hierarchy of legal
(Kelsen Hans) is sohin an equal status to European Human Rights Convention.
In both cases, is therefore on the basis of the reception of international treaties against nationally binding law. Where
the question was disputed as regards the ECHR long. (Selfexekuting or selexekuting now!). This method is now handled by the
Republic of Austria at the World Human Rights Covenant, because the bill of rights here goes. e.g. the right to compensation
for wrongful conviction, pursuant to Rule 14 Abs.6 Human Rights Pact of the United Nations, but the other is already part
of the Austrian legal systems.
(Germany is restricted). Following the experts' report on protection of property
no overlap (see list to the corresponding provisions of the Universal Human Rights Covenant).
This is völkerechtswidrig - (Pacta sund servanda - the principle of with international law interpretation. (VfSlg
7478). It is therefore imperative as a subsidiary rule of law that the state liability applies. (This recommendation below).
The complaint (Geneva) has a right position in the Finanzprokuratur combine. After receipt of the decision from Geneva for
the State's appeal in an action against the Republic of Austria. In addition, in run for State action that Austria also had
a duty in this case, their own constitution
change, particularly insists on the breach of international law will continue.
(See on this also case law on Article 41 ECHR (Maestri-Italy). Even interim measures against Austria are also possible.
(An action under the federal government liability and public liability has
to do with nothing.)
Go to issue post-war literature and the context of the treaty, I will still
run. I remember in this connection, a literary agency in my four-hour written examination in International Law at the University
of Graz. The Ministry of Science paid me then to study with Luzius Wildhaber.
is in memory me an
essay by Dr.Tomcic, according to which the
Treaty BGBL No 152 / 1955 is a purely domestic law. Many problems would be
solved. However, it is referred to the ICJ Statute Art 38 to an international
2ndOrganization of some property claims and using
of policy decisions - Process
different points of view and process financing
in the Follow-up processes.
At least at the same time obtaining the written information In order to provide absolute certainty about the circumstances not only advisable but imperative. On the
illegal can it should be. The purchaser must have recognized the illegal can
and ineffectiveness. To maintain the illegal status can not be passed.
Negligent conduct and the application of § 1304 Civil Code apply for the Aryanized
property not apply. (Mitverschulden.)
Note, That violated legal prohibitions.
In addition must be made requests to the Republic of Austria, a demonstration, without prejudice to the provision of Civil
Code § 1298. It is pointed out that the Austrian civil law, including Roman law the
Circumstantial evidence permits, in particular by Unger (development Krainz-Pfaff
to honor branch) when it comes to so-called inner Tatseiten as knowledge, belief and will. See a.a.O. Randa and collection
Gl.U.W.4691 That possession of a right can only be achieved if clear from the
circumstances of the same opinion that he is entitled to a deductible.
One possible way - with application to the Republic of title and at the same
time obtaining the information, and other document.
The first case since the III. Part novella in 1918 was brought. are quotes
from the procedure to follow. Strasbourg will decide. It is pointed out that the information in the event that the disposition
of the owner shall cease after the limitation rules, where the other prohibits the exercise of the right or disability. From
that time the statute of limitations begins to run. (OLG Graz from 12.22.1896, for Zentralblatt jur.. practice in 1887 and
Walter Unger Paff-No. 11 586 (National Library).
(author ex libris Doctoris Emil Stugger lawyer in Leoben. )
Summary of the international law:
Regarding the international law when aryanised property and Cancellation research can take place
shortly on this page only a summary. In the above, in the Judgement of European
Court of Human Rights - Maiestri - Italy referred to. For the bill of rights for the UN Human Rights Covenant II is concerned, that this is like running on the fundamental rights of the European Convention considerably
further. The provisions are not incongruent with each, what the European bill of rights law of the ECJ in Luxembourg can not
be said. Some relevance to our topic, the individual complaint to the European Court of Justice in Brussels, is this to the
private action for annulment, the challenge for the purposes of Article 189 TEC is taking place and the declaration of nullity
ab initio. The process can not be conducted country-specific. But this is indeed the instruments of a contract cancellation
law of the European Court in Strasbourg in fact possible.
In this respect, the Austrian legal system is based on the determination of invalidity within
the meaning of last resort, the most powerful instrument in international law than in contract termination. Regarding the first Additional Protocol to the European Human Rights Convention - protection of property
must be carried out in general terms that the convention starting with a general concept of property. The strongest notion
of property has international-law in Ireland, Romania is in this context, a state
back-wood -. Before the ECJ case law are to neuerster measures referred to in Article 41 of the European Convention on Human
Rights to the respective state convention possible. A parallelism of procedures
is not possible.
may fail after consistently in Strasbourg, but the individual complaint in Geneva will be charged.
As already stated it is in the judgments to documents under Article 38 of the International Court of Justice, although there
are still here in the enforcement difficulties. Public liability actions are well known. The right way is the so-called state
liability action under the Federal Constitution. Because of the law in Austria but is recommended to go new ways to justify
particularly in view of the forum of the assets after the Austrian Code of Civil Procedure other responsibilities.
In this context, running That a mistake by the judiciary may be offset by the supreme individual action in Luxembourg. This in turn
refer in this context to the Strasbourg case law of the European Court of Human Rights, for example the case to Maiestri -
Dr. Martin Graf-FPÖ-Gruber-De Gasperi-Agreement-Paris Peace Conference 1946
- South Tyrol question .
For this you can run:
Regarding South Tyrol was the
only minority regime after the war. It is
a scheme on the basis of international law - pacta sunt servanda. As an instrument
of international law interpretation. A referendum is not the right way.
Individual assignments are private but untersuchungswürdig.
Furthermore it is considered that the Benes decrees Tito not practiced. However,
there are linguistic enclaves in Friuli and Istria, what no one has taken into
account. At least one major in agriculture Size in the border area of Italy is
repatriate. The author knew the owner. Here are initiated with the studies in title. (With regard to succession may be drawn
here with reference to the above arguments have no conclusions. There is in law although
a few different - but specific decisions. Decisions can not be cited. The author
has a large network in the Balkans. Starting
Goertz of Serbia and Croatia to lawyers.
One of my most important substitutes Dr. Aurel Krustulovic.
Lawyer in Zagreb was probably murdered. I met
it still Semmering when he already had political difficulties.
Recommendation state liability claim:
Jurisdiction of the assets. Z. B. New York jurisdiction. Expert can be arranged.
I am working on the platform with the civil law
Aspect of the property deprivation when linearization crime.
Of course there was room in the Bruck an der Mur war criminal
such as the Gauleiter Otto Christandl, who as director of public storm for
the massacre of 6,000 Jews on Präbichl was responsible by the Schutzstaffel SS and sentenced by a British military court and
was executed in 1946 already. (Sources own information and judgments in Austria in Europian Union 2002 305). When Erika Weinzierl,
The house is Aryanized property. (See Siegel lawyer:)
even appears on the house.
Note: This is a falsification of history.
The largest number were Jews from Styria. In Bruck an der Mur
still slumbering in a third of the houses in Aryanized Eigentum.Ein metro area.
The Austrian jury - and jury trial
since the abolition of people's courts in 1955 conspicuity values also reveals
that the deeds in the sense of mass complexes, for example,
a case from LG Wien Belarus - acquittal of suspected putative self-defense mistake - a construction that is inconceivable
for the law. GZ. 20 Vr 1100/66, (see my pages for the putative self-defense law)
or a similar case from Tatbild LG Linz
19Vr 1460/67 close the case before the trial, Dr. Henry G. victims psychologically
Patient - the interruption of hearing on 21.03.2000 before
Reading of the indictment to Vienna LG
, 23b 12100/97.
The platform focuses on the assessment of civil involvement in the war crimes
Note to Carinthia: Here, there were almost no criminal proceedings and the
file disappeared over it. (Where they are is added to turn.)
Sources: Allied Military Government Court-Commission for
Austria, British Element, Court Registry.
Note the process organizations from North America:
They proved to be ineffective . A good
example was the process of organization of the Germans in Romania under
With the Mayor of Sibiu . The
Hearing levels of the court in Deva and the decision proved to be a useful directory.
To check the ownership of the Dracula Castle in Hunedoara, the probatio diabolica been approved. However, it was awarded the
State. The process ran from the standpoint of Außerstreitrechtes - deadlines for applications have been extended several times.
A 80-year-old graduate ig lawyer from Kapfenberg has in Brasov on the basis of an incorrect legal advice Eckhaus be lost.
However, what was possible in Romania must be possible in Austria.
Network in a process organization.
In Austria there was a problem that the time limits under the
Third Restitution Law was too short.
In Romania, made
Aerial photographs would have been apprehended. The author has for the time being
on aerial images of the Survey Office of Federal 1953rd
Note the third Restitution Act formally Provincial jurisdiction.
Note to Art.26-State, the provision of
aryanised property provides. non self exekuting.
Other secondary legislation absolutely inadequate.
The probable error of Dr. Ariel Muzikant: Claim payments from victims fund
are irrelevant to proceedings.
The Finanzprokuratur dominated the game. The best lawyers bar exam - Prokuraturprüfung
- 53 lawyers - as the authority-dependent unconstitutional.
(Note: The Finanzprukuratur are already - my interpretation of the law
is only in the public law right. Wrong: we are moving in the civil law.
Many cases are already
Germany: the case of Sommerfeld
Judgement of the Federal Constitutional Court 16.9.2009, GZ 1BvR 2275/05
Why not work will be published
again in the short term:
However, I notice the time being only,
that the proceedings
before the Federal Constitutional Court does not
Observations were made using the dt.BGB, which is common in Austria.
The case is expected as predicted by the author - in Austria, but we have the strongest
avoidance of the contract instruments.
In this context, it refers to the Austrian Condictionenrecht reference. The Remarks In this context, Wikipedia is inaccurate. Austria
has parked on the international legal condiction strongest in terms of a Realcondiciton on the return of a property, in terms
of restitution (Note: However, this 30-year limitation period - absolute).
Note to the jurisprudence of the Supreme Court in Austria:
He knows the situation closely. always be quoted Prof. Gschnitzer University
of Innsbruck, authors, however, always in combination with Senate President Univ.Prof.Dr.Gschnitzer Vienna and others.
All judgments in civil proceedings are absolutely correct.
Even in absolute nullity in Strasbourg processes are possible. When aryanised
property, however, requires a specific situation.