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A reconstruction based on the incidents at BG Bruck aus1947, where a judge felled 180
judgments as chairman of the Commission for Restitution.
A straggler has done by deed land collection Bruck
later OLG President Dr. Ferstl. A judgment on contract termination and not the road with a special lien on the third
Restitution Act. Formally Landesgrichtszutständig. Existing
Rechtsauffsassungen inbesonders that victims could have trust accounts are free inaccurate Furthermore see AnwaltSpiegel.
The chairman of the Commission
for Restitution was never a member of the NSDAP. As a judge of the only case in Austria. (See the following discussion.)
In the page there is a summary and recommendation!
The platform focuses on the problem
the return of
the confiscated property, destruction of businesses (goodwill). and abolition of favorable lease agreements or purchasing
equipment of living things and going hand in the destruction of the business Urheberechtliche problems have now little more meaning. As historically
authoritative legal source is used, the
third Restitution Act.
The Restitution Act of 06.02.1947
on
the nullity of arbitrarily confiscated
Assets by law, administrative regulations and legal transactions is a general law, unlike the first two laws.
The platform focuses on
the business and here as still relevant with the transactions and also tries far today of relevance to deal with the property
seizure law relating to legal persons. (The law has besides the restitutio in integrum and rebuilding the society in mind.)
The Historical Commission with leads
the victim is to play hide and Seeke. She refers to herself
Confidentiality obligations, with the question
of the subject of secrecy is, at least as far as
private law
Asset transfers exist because as
from my observations, the apparent not required for surveys performed in Austria. this regard I am
with absolutely reliable land registers
satisfied.
I started because of my father's work to generate greater interest as chairman of the processes.
Methods of the Historical Commission
I appreciate civilly called deception (Under § 871 ABGB deception can also be made at the experts unconsciously - but what
you are supposed to actually believe).
In any case,
victims of the Third Reich were under duress (§ 870 Civil Code) withdrawn assets, like it is by Jews, socialists, or resistance
fighters, Roma
but also to the insane act. In the latter case without guardian in the Third Reich not expire.
The
literature in each Monographs has different views and different interpretations of the law.
In addition to confiscation of
Companies such as already explained above, the seizure of property registration law applies primarily-but
again the third Restitution Act-but not in the
Literature
noted for damages, but from the point of tort law under the general rules, since the question of fault irrelevant here after
the third Restitution Act is. (In addition, the Civil Code is to be used - this question was often denied misrepresent.)
It is here, starting after
the third Restitution Act recovery to occur (restitutio in integrum) of the former state under § 1323 Civil Code. (Mentioned
in the Act for certain legal entities
- I call the
Ges.m.b.H because we in Europe
here in 1905 were one of
the pioneers.)
The formulations of the
first two restitution
laws should be noted that the property seizure of the Nazis were always dishonest. Thus, the legal opinion of the Chairman of the Commission
for Restitution of BG Bruck
Mur
because of his handwritten notes to the Act.
The New York attorney Dr. Friedrich Kulka (former lawyer
in Vienna) as from
his essay problems in the third Rückstellungsgetzes ÖJZ (seems) Austrian JuristenZeitung
1947, 276 ff seen neither the legal reality
in the Third Reich -
have obviously recognized sufficiently due to the distance, nor is it about
the intention of the Austrian legislator
informed. (stenographic protocols.)
Also it's not just how it performs for the gains made by the acquirer has made or could have made, but damnum emergens
(see legal execution in my pages criminal defense and significance of Roman law in its current application and Condictionen
- the pages are still under construction) where the
subject matter is far more complex.
Primary after the third provision of a law of restitution to
Civil Code § 1323
assumed. To this end I will discuss
further below, and the methodology in practice, and particularly why the Commission of Historians generally not perform adequately
find one. The activity of the Republic
has nevertheless cost 5.6 million euros.
I write the pages also because a historian who works with me has found in a
large number of farms, that a return of the confiscated property privately has not taken place. Once he was even threatened in its investigations. This agriculture is when I call the name of
each in Austria a term.
If restitution has not taken place, this is due to different causes.
But I have in mind not only those cases
where
formal contracts have been built and the reversal of the question of deposit of the purchase price in credit in favor
should be held by the buyer, but. particularly
to acquire in the course of deportation to extermination camps, rape, exploitation and crimes against humanity in the causal
relationship with the linearization
It is not about the crimes of simple Wehrmacht (the German army, however, was
often in the crimes involved), but organized crime of the SS as a government job and part of steered war economy as a unit
in terms of a state criminal organization with privileges Preferred knowingly absoluta
with vis
(= Constraint-based
absolute nullity) and have acted criminally - have also loaded on the wording of the Criminal Code of the German Empire blame
only the privileged.
came
mostly to the benefit of such asset transfers, organizers
as organs of the SS or the SA special pressure override Jewish shops in Austria mostly
medium and small businesses, with 60 percent of Jewish businesses were affected. From 1938, the private enriched personally at the Jewish possession. The Treachery Act dissenting was adopted in
1934. We should also mention the Law on Expropriation people and the state of enemy property in 1933, the
seizure of the
allowed when a case was initiated.
Under this law,
Thomas Mann was deprived of his property. Some of them came after the war and were thus not officially recognized also in
the district of Bruck an der Mur, and there was also no asset repatriation. This is without prejudice to the former self-registration
forms with former SS members. .
One of the first laws in 1945 under Chancellor Karl Renner This is not just a fraudulose - therefore fraudulent form of expropriation,
but there was - severe duress with threat of personal annihilation of the victim parked on confiscation of property by paying
the flight tax , the assurances were often not respected and they were sent to extermination camps, accompanied by
countless accomplices, the brokers conceded the right and left,
especially Nazi lawyers were at work, the extra advice concerning
the negotiation of flight capital could reward high and in agreement with the State of the purchase
price after the lawyer Einbehaltungsrecht compensated with the cost.
On the one hand criminals were at
work, which to judge by the international criminal justice system on the other hand, lawyers who took complicit in-depth knowledge
of the principles of law and government were complicit.
I'm talking about a group of lawyers with educational level of the former
Universities in Austria since the forced connection.
(See State Gazette
1 dated
May 1, 1945).
From this point the civil prosecution of victims claims heard ahead.
I am thinking here
not only to a rei vindicatio (a property-property lawsuit acquisition has not taken place),
but also to a common organization of the victims.
Not only the laborers have a legal right, not against Austria, as this had gone down as a subject of international
law. (This is the problem
I have as part of the company's platform is not dealt legally.) They were also part of the German war economy. Advantages
the German war industries attracted the entrepreneur have enriched themselves. Some were then convicted of an offense, but
almost immediately again pardoned.
Will be liable for the good of a company is no longer
given when mixed due to the war, but not at
Accident
(casus mixtus) has gone down. But when the Nazi entrepreneur say in the absence of skill could not.
However, I would say, the entrepreneur must
have survived the war or there must be consideration of the conditions of the liability of the company's resurgence. I would
not go from the standpoint of liability to the extent that this is the sole responsibility of the Erstehers if due to circumstances
that are not within his area of responsibility, the company no longer exists. (Spheres theory of
OGH) -. Unlike the interpretation of the third
provision of law Dr. William Rauscher, head of section in the Ministry of Justice in ÖJZ 1947, 367 ff
Processes
regulating companies were in Upper Styria not performed virtually, but due
of leases in Übervorteilungen
up in the sixties.
Property transfers by default commissions have only been performed in general., In many cases for
the holder only a special lien was registered under the Restitution Act, according to the information in non-contentious proceedings
before the restitution
Commission. District Court Bruck payments
were to a blocked account or use of the purchase price for the flight control by the Chairman of the Commission for Restitution
in favor of the defendant as a purchaser not taken into account.
There was a harsh climate. An affected Nazi doctor looked even
Wife
of the Chairman to, because he had to pay his house a second time, his subjective opinion. Presumably he was in good faith.
Complaints in Bruck (Steiermark - Styria) were not
organized.
All
in the register cases were dealt with.
In the entry point was in 1945,
the reliable Hildegard Werdonig. In the U-department Mrs. Fischer.
From May 1,
1945, at the entry point of BG Bruck woman Hildegart Eisbacher
Service. Back then there were no judges. The people gathered in Bruck an der Mur in the main square. It rang the church
bells. The weather was bearable.
It has not just rained. The first judge, the Chairman of the Restitution Commission joined the service in October 1945.
The way to the register in 1947 was
far and then the responsible officer
staged a mess and it was found that for weeks Act were not fully registered in the register in full. Chairman of the
Restitution Commission had taken had measures and controls perform. in Bruck majority Nazi lawyers worked. Dr. Lipterler Mittergasse, Dr. Lenz Grazer
Can target. Dedovic The structure
of the office of Dr. Minoritenplatz I do not appreciate, but it speaks a lot to the reliability. Late firm partner turned
to fraud to help because of this notice
against his indictment to the Chairman of the Commission for Restitution, who
was then an attorney. It came
ultimately delisting
of Attorney
list.
At the same time the son of a physician and SS Colonel SS Obersturmbannführer was firm partners.
The
population was also characterized in the postwar period by the Nazis. Yet in 1971, Dr. Jörg Haider
the known interjection in the Carinthian parliament
July 13 on the orderly employment policy
Third Reich declared his opinion
in which he expressed himself - something which had then been
not even bring together the government in Vienna.
A distinguished historian has even me
Investigation was made and it is in the context of the platform.
Shortcomings of the Historical Commission: It has seen no evidence the collection of documents in the
land registry, let alone the register.
It is certain
that old Nazis
organized in space Bruck.
They even had a place where they are secretly
met as a group sworn.
The shortcomings of enforcement were in the political
situation in Austria, the lack of judges and officials, but also destroy not previously shied certain acts, as is the chairman
of the Restitution Commission noted - and wildly ads around beating Nazi lawyers as Dr. Lipterler Bruck against the chairman of the Commission for Restitution.
Karl Renner sat across the Semmering (Russian
zone) in Vienna. The government
was only recognized in October 1945 by the occupying forces. At this
time began the Chairman of the Commission for Restitution with his activities and dealt mainly with the War Crimes Act. The
State government had been bypassed in the re-entry
of Nazi lawyers through the Bar Association of Vienna and Lower Austria.
(Internal
autonomy)
In Upper Styria,
only a lawyer was denied registration. Dr. Pichler Leoben
through its extensive library I have by accident.
Obviously has a former SS officer with the necessary
reliability for the former provisions of the RAO, although this is for former judge service law in contradiction.
The legal claims against the Republic
Austria are barred from the identified situation. (- But see below.
But it
can not be assumed that
you will
be burdened with such charges as such. Because of the obvious
inadequate services
provided by the Historical Commission initiative is announced.
There is not only a historical burden in itself,
but there was at that time (1946 and 1947)
in all
areas of administration of justice and the
Administrative law, a state of inaction, as described in the literature
from all ÖJZ 1947th
Most important for
the investigation is the house number. House numbers were changed, for example, raise the Municipal Office Bruck. The old index cards at the land were destroyed. The Surveyor's Office has its own records from the 1624th The collection of documents of the land book dates back to 1922. Furthermore, there is an archiving
system, which goes back well before the 1624th Maybe you still have an old postcard that you received.
The restitution laws were not a scientific feat,
but an attempt to avoid a variety of different choices, perhaps quite dogmatically the right way. It also had a
Arrangements can be made
by decree, with good faith would have been to regulate different
starting
from the point of
on the acquisition of property, the
practice
tread from today's perspective. At
the emtpio venditio - ie buying
and an orderly settlement of the formula
purchases and transfers, although this fact for the validity of the agreement
in terms of a transfer, as common pacing the boundaries and (or) transfer of administrative
records - lunga traditional manual or at least hand-delivered the key-traditional and traditional brevi manu symbolica actually
has to take place between the parties.
A condictio furtiva was never part, the Austrian legal system, but whether such
a turpem causam (see additional pages.) (Today, it is the thirty-year statute of limitations expired after Condictionenrecht.)
Basic
decisions for the majority of cases involved, there are not. Was nothing ausjudiziert. (The pages are dedicated
to the art for the time being not processes. To Paul Klee see below.) In the commentary of Schwiman,
Second
Edition, page 173 is in the editorial note 2 held that the obligation to return
the rei vindicatio is already in bad faith.
(SZ 28/31).
The Civil Code is based on the teachings of the historical
usus modernus
pandectarum - with the acquisition mode and titulus adquirendi be available as requirement - on. Subtitle is any legal possibility
of acquisition of property - including purchase
(Contract). This calls for the agreement to consider that
a transfer of ownership to take place. The title must include unsecured
liability of
Fear,
terror, coercion (force compulsiva) be otherwise comes as with malice
a transfer of ownership is not concluded. (absolute nullity
Civil Code § 879! ).
Violations are violations of prohibitions in the penal sense of § 879 Paragraph 1, first half sentence ABGB
and cause nullity Ehrenzweig, SCHR, 161.Darunter also fall under criminal illegal contracts as trust agreements Nazi lawyers
- or lack of available notaries violence
Cit.leg
(SZ 25/66) or, in general, after the first half of the sentence. of mandatory private law standards such as the lack of power of attorney in that situation,
or even the absence of his legal requirements for design and available power. (See Mayer-Mally, Munch. Rdz comment. 5 to § 134
d.BGB). would for the question of good faith in
the interpretation in the context of a
Arguments property on the historic legislation to § 6 War Crimes Act
To establish what the abusive
Enrichment, even at a purchase with a convenient location to the former
Relativize ratios.
But as for an acquired asset use was controlled insolvencies and fiscal restraint as the JUVA
and beat you to it. (Unlike the situation with foreclosures).
The afflicted with these errors property of the defective track causes no acquisition of property and the right of
the victim can not therefore barred. (See below.)
Today, of course, each case should be assessed differently
and it requires appropriate descriptions, after which the assessment
based on the Civil Code in its issue
is from 1945
(or 1939). In any case, in the version III. Part novella, 1918,
the proposed inclusion of the concept of nullity from the d.BGB (§ § 134 ff), it
was replaced by the Civil Code § 879 as
the
determination is today.
The Civil Code does not, however,
the concept of
Nullity as a technical term in
the sense of
BGB - and is here again in this
Related to INVALID from (!).
The invalidity itself arises from (only)
a
sum of rules of interpretation. (see
De Gouttes,
system de Nullites, ZSchwR, 1929
349ff). Gschnitzer (University
- Innsbruck) is in its interpretation of nullity, after which the property absolutely coincides-(one
takes only into the house
? go ) - Obviously the last resort of - with absolute effect
against anyone out. (Describes in no citation.) The retroactive destruction
has when the last resort in any event occurs
find an ex officio consideration.
The State Government, Dr. Renner could not
in the first hours of the Second Republic regulate all eventualities. In
some respects
is
the Law (Restitution Act) - which is still running concern.
Against the judgments of the third Restitution Act
As can be seen from the records, however, hardly anyone has been taken against the decisions raised by an appeal
(Only for Greater Bruck).
But was then torpedoed the free court jurisdiction in all respects and
it was disabled or
nothing
in Carinthia.
Salzburg were only ecclesiastical goods back
performed. Also Landtafel products are concerned.
The applicant or applicant
now has claims against the successor of the purchaser. The third-party purchaser
can not rely on the fact that the lack of
Consent was not known.
The
legal solution is not
under an action for avoidance
under duress - such would be in criminal relevance of behavior have been possible 30 years of evidence is needed skilled criminal.
Actions. (Works
but also List - from this point.)
.
The feasible way would be in a publication
the purposes of an action against those who cause those without
Legal has derived therefrom with
Surrender claim.
It needs to Gschnizter
(University of Innsbruck) any judicial enforcement to cause the invalidity of the purchase transaction - he thinks, however,
that a court may determine is required to
obtain a publication, it should be noted what it technically is not a finding but a rei vindicatio (ownership claim). Agree with his view is that it is a complete
annulment of the beginning is so-ex tunc (see GLUNF 13020 -. Before the third part novella, but also
EvBl 1964/424,
and Koziol-Welser, 5th ed, 125-I literally give anyone a right to such contracts).
The versions of Gschnitzer (University of Innsbruck), the concealing his
sources are cryptic and right on closer inspection as a result. (See the following discussion below.)
The information which led to the confiscation of property are to be executed in the Klagserzählung and to demonstrate
and previously
the contract copy
in the collection of documents in the Land Registry. (Or
in Carinthia in the archives of the Country table in Klagenfurt or elsewhere -. It was time for Carinthia only a district
court sufficient for the search is the house number of the house itself, you might not recognize, but the facts in befell
injustice remains as. not in erasable memory. (see the legal situation Ehrenzweig I / 2,
Page 296 ff; Gschnitzer in sound, comment to the General Civil
Code,
I V, 1 ½, 166 f). (The second version of the page for the English translation is accurate.)
The only effect that a worthless contract
reason is the duty of disclosure. For these forms of nothingness there is no statute of limitations.
Nullity is exercise of official channels.
(JBl 1933.210)
Appeal is not required -
see also Ehrenzweig, SCHR 173 see Nef,
Contributions
to the theory of legitimate fraus facta, 1895). In addition, if only historically the Annulment Act of 15 May
1946, Federal Law Gazette No. 106/46 and the first provision of the law
July 26, after which
those listed asset transfers after
German occupation
of Austria for null
and have been declared null and void
in
Course of his was
made by the German empires successful political and economic penetration to avoid natural and legal persons property, after
the date
13th March 1938.
The recipient of a contribution from void contracts has all the back see what
the recipient of the contribution represented an asset brings Zeiler in his commentary
III a to § 877 Civil Code, to express that the Law would have
it,
those who
lack capacity to consent to psychological, or where a
real
legal consent can not be assumed (§ § 865-876), may arise from this contract no harm, then after the father of the Civil Code
and the
the flight control or atonement
by a void
Contract as
part of the consideration - is recorded-replace.
This also relates to the interpretation of the current perspective
according to the Civil Code.
With regard to the law and moral principles from the preamble of the
Illicitness assumed - despite the
by the third
amendment to the Civil Code section
made into a split
Illegality and immorality (Zeiler
Comm
III, 45). With regard
to the immorality of § 7 is ABGB natural-rights principles
referenced,
making reference to the
Jurisdiction is established.
(See Ehrenzweig, Sch R 51.) The
Saves criterion of immorality
regulation of a casuistic
Prohibited. The transaction is
immoral if there Cast out against Austrian laws and
therefore unlawful -
(EvBl 1976, 9).
From this point is the
Solution to the problem already posed
by the natural law concepts Zeiler read flow into the Civil Code. It is also the
Overall character of the agreement
to consider each of the concluded agreement. (Mayer-Mali,
Moving System, 123 ff).
To check for the first
Sentence cit. leg is unethical
Honorary Nazi
Lawyers
using the
§ 19 a RAO, according to
current interpretation of the law - (SZ 55/11) and
unethical
switching jobs
especially
in the period under Reich Minister of Justice Dr. Schlegelberger. But
also international rules or
violations of foreign exchange regulations with harmful
Behavior, and more will be considered.
The practice in fiduciary assets (receivables directory!) Was the-
shape that over the
Entjudungserlös not be freely
disposed
could, but
was a formal control over the accounts given and not in the interest of
the predatory policies of the Third Reich part of
the racist political measures. (See
Ehrenzweig II / I, § 417, S 740 - the recipients
of the money must
be put in a position over
the sale proceeds
To have discretion, otherwise, the exit costs or to evaluate what has been released
for free use.
Also sound is geared to the possibility of free use. (See commentary II 2, page 161-162.)
The chairman of the Commission for Restitution has
worked with the simplest means. It is certain that he does not comment on short possessed. He used
the state - or federal law leaves and the stenographic protocols that I have cited comments
were not yet released, the
Comment by Kapfer appeared 1953rd
Probably was a comment from the
Interwar period used. The court had, after all, the federal
law leaves.
Actually used was Ehrenzweig.
The Chairman
had its own stenographic transcript, with notes of the complete edition.
Furthermore, a complete edition of Ehrenzweig,
it
from Nazi
Had saved book burning. I
could
find that he Ehrenzweig the system
according to its own division into paragraphs
were still in the sixties beherrschte.Die judgments
properly. Older quite valuable
Literature was not available.
Some
authors supposed at that
Time
that was simply to apply Roman law, the principle
even
to agree with is - but only under
Including the Pandektenrechts (gr. include everything) to the time of
usus coined modernus of the Civil Code. Anton Randa (Knights of o.Univ.Prof.) Refers to the property with the inclusion of the property claims under Austrian
law, edition 1879, 371 on pos.vitiosa and nulla. Here also the fraudulent misrepresentation is mentioned, will void. The transaction is invalid in itself. The question of limitation is addressed at all here. Later codification of the Civil Code is also influenced by the
historical school. Moreover, he possessed
one
Transcript of lectures on Roman law with
Notes from the lectures
of the
Prof. Steinwender.'s In the transcript of
each
Word of the lecture included. (Similar
Transcripts in civil law. ) The Roman
Law was, however, in the lectures
From 1920 to his retirement. lacking for
Example Pandektistik. (E.g. visible
from the
work of Edward Heilfron Berlin 1906
(His edition of 1920
is already
Rechtsvergleichungen worthless. )
Significantly
are the lectures by Prof. Hüttenbrenner
In 1905 University of Graz and Trieste.
The work of
Heineccius on lectures at the Vienna high school time on Roman law at the time of
Real Nature
has no significance for the present assessment. The (Roman) common law has gone down with the 1806th The Codex Theresianus I no longer need. He also deals with titulus and adqirendi mode and is on the reading list for
the seminar at the Institute of Roman Law in the winter semester of emeritus Univ. Dr.
Wesener. Is scientifically far for the Doctrine
of titulus
and mode of significance used.
As such, I see my interpretation of the law with the
subsequent reference in the commentary
covered by Zeiler. I have also
Decisions of the Administrative Court in Construction Methods
in Carinthia, in relevant cases, effective
Posted by an absolute nullity under
Civil
Code § 879 found.
Why I write these lines.
It is a myth that Franz Anton
Felix Zeiler of the father of the Civil Code is, but a
excellent civil lawyer, the Martini from the time of
could provide an authentic comment.
Total labor and creation through was
Dr. Baron von Martini of the finished work
as
WGGB 1797 brought out (though
and without Condictionen
but further
Personal rights as the Civil Code.
These documents and views also
through correspondence with Dr. Ritter Randa property
law and land I can probably
get only about American
universities.
But that does not mean that no over
Austria
Material features. But the most important works are in America. In
this regard, I ask for help. On other documents
such as the
comment by Stubenrauch from the revolution of 1948 I have. Even an essay
an earlier SA-Obersturmbannführer on the subject. (He was just as Uniform
. to not be subsumed under the War Crimes Act SA-Obersturmbannführer Univ.Prof
Swoboda, Graz see before Notary newspaper in 1933, 96 ff but here at usurious business-here's his Rechtsauffasung not to follow-the
underlying transaction is void - absolute nullity. )
Finally, I note that the hanging judge
were taken from the Third Reich from 1960 to the Judicial Service.
(Bronner)
The provision processes in general had failed in church circles - Salzburg organized
it.
For
Karl Renner in Vienna, the situation was unpredictable. He was also the
Bar Association of Vienna and Lower Austria
deceived. (See the text of RAO BGBL from 1945!)
The
Nazis organized.
The process
would have been to Austria, a program for years. Decrees were
been appropriate. The Civil Code would have the
Met requirements set forth. As the title of acquisition was secured sufficiently. Martini
was employed here also natural law thinking.
The laws
of Karl Renner in
1945 were partly attracted so e.g. after
the War Crimes Act, according
to which no objection
could be raised
to the indictment and was enforced forthwith without any possibility of appeal. Meets not the democratic minimum requirements.
It emerged
autistic
systems that I advocate in the mirror
want to elaborate on that.
By witness
I know why DDr.Gross
as lawyer
took refuge in Kapfenberg. Previously, he has
on commented on the Nazi judiciary in Carinthia and make statements and documents
Carinthia deposited in the Vatican. DDr.Gross stood
always subject to special protection.
When he was diagnosed with Alzheimer's I was able to
of a certain right-wing advocacy group
by pleadings in his style. protect more
Comments in this regard are in the side mirror lawyer.
The
processes are promoted.
Executive Summary:
Absolute nullity of
Contracts here requires a retroactive invalidation of official channels,
generates the action against anyone who
furthermore, the impossibility of limitation and ultima
ratio as a requirement of nullity is satisfied, and historically no
other way of interpretation at the indicated conditions is given. (Senate President Univ.Prof Dr.Gschnitzer).
Recommended APPROACH:
1.Anspruchsschreiben to the Republic
of Austria for the attention of the financial prosecutor with a request to terminate the contract in each case. But certainly not a form, but
accurate models Previously completion of a
Legal
expenses insurance in Austria, the risk
Compensation and property protection (various packages-detailed agreement includes
required before completion worst option in scope of coverage Generali best variant of Lower Austria - covering exploitation
stages of appeal..
At dismissal, when the present
Convention membership path to the European Court of Human Rights in Strasbourg - period 6 months - partly because of violation
of the fundamental right of property - or even at delays in the proceedings for breach of a fair trial.
Costs assumes the Euro Europe or to the United Nations
Convention on indefinitely without membership - international (human rights) International Covenant on Civil and
Political Rights, ICCPR. Where 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 et
seq)
The
Republic of Austria denies the validity of the UN Human Rights Covenant despite existing convictions on the basis of individual
complaints and now this long-standing practice in Stattgebung of individual complaints against Austria and reference that
compensation plays in terms of resitutio, which is also ignored by the Constitutional Court. The Republic of Austria is also subject to the right of individual
petition possibility BGBL 105/88 and tranformiert these provisions under Article 9 of the Federal Constitution in the Rechtsordung.
In the hierarchy of the Rechtsordung
(Hans Kelsen) is one Sohin equality
to European Convention on Human Rights. In both cases, therefore, due to the reception of international treaties against
nationally binding law. Where this question
has been disputed regarding the ECHR long. (Selfexekuting or
selexekuting now!). This method is now handled by the Republic of Austria at the World Human
Rights Pact, because the Bill of Rights here goes. e.g. the right to compensation for wrongful conviction under Article 14 Abs.6 human rights
treaty of the United Nations, but the other hand is already part of the Austrian Rechtsordung.
(Germany is limited here). Following
is the expert report on protection of property rights is no overlap (see list to the corresponding provisions of the Universal
Human Rights Covenant).
This is international
real unconstitutional - (pacta sund servanda -.... Principle of international law, consistent interpretation (VfSlg 7478)
It is therefore imperative as subsidiary legal standard that the State liable for the application (this recommendation below),
the Board (Geneva) is a claim position in Finanzprokuratur to combine.
Upon receipt of the decision of the Geneva State liability is to be addressed by action against the Republic of Austria. addition
is executed in the state liability lawsuit that beyond Austria was required in this case to its own constitution
will change, especially insisting on the continued
violation of international law. (See also Hiezu law concerning Article 41 ECHR (Maestri-Italy). Even
interim measures against Austria are possible.
(State liability is an action under the Federal Constitution and has nothing to
do with public liability.)
On the subject of post-war literature and the context of the treaty I will discuss. I remember
in this connection to a citation in my four-hour written exam in International Law at the University of Graz. Wissenschaftsministerium
paid me then to study with Luzius Wildhaber.
etched in my mind is an essay by Dr.Tomcic what it is when
BGBL treaty No. 152/1955 is a purely domestic law. Many problems would be solved. However, this is in accordance with Article 38 of the ICJ
Statute is a treaty under international law.
2.Organisation some property claims and use
of policy decisions - Process organization for
different
points of view and financing process
in the subsequent processes.
u.v.a.
At least at the same time obtaining
the information is written to create their absolute certainty about the circumstances not only recommended but required. The unlawfulness must be stated. The purchaser must have recognized the unlawfulness and ineffectiveness. In maintaining the illegal status can
not be passed.
Negligent conduct and the application of § 1304 ABGB passes for aryanized
property does not apply. (Mitverschulden.)
It should be that was violated legal prohibitions. In addition must
be made notice to the Republic of Austria of proof; without prejudice to the provision of § 1298 of the Civil Code. It should be pointed is that
Austrian civil law, including the Rome law the
Circumstantial
evidence permits, especially after Unger (development Krainz Pfaff-up Ehrenzweig), when it comes to so-called internal Tatseiten
as knowledge, beliefs and desires. See Randa a.a.O. and collection Gl.UW4691 that possession of a right can only be obtained if the circumstances
of the same opinion that it is evident that right entitled.
One way - application to the
Republic of the tentative and also obtaining the information and further pleading.
The first case since the III. Partial amendment
in 1918 brought. Quotes from the procedures will follow. Strasbourg will decide. It should be pointed that failure to provide the information the discretionary itself expires after the limitation
rules if the other prohibits the exercise of the right or disabled. From this moment begins the statute of limitations to
run is. (OLG Graz dated 22.12.1896, Zentralblatt for jur .. practice in 1887 and Walter Unger
Paff no. 11586 (National Library). (Author Ex Libris Doctoris Emil Stugger lawyer in Leoben.)
Summary of international law:
Regarding
the international law when aryanised property and revocation research on this page may only be briefly summarizes. In
the above, was the judgment of the European Court of Justice for Human Rights - Maiestri - Italy reference. For bill of rights after the UN Human Rights ICCPR is to say that this run
as much on the fundamental rights of the European Convention on Human Rights goes. The provisions are not incongruent to each, what the European bill of rights, as the Court of the
ECJ in Luxembourg can not be said. Some relevance to our topic is the individual complaint
to the European Court of Justice in Brussels, This is the annulment Private, where is the challenge in the sense of Article
189 of the Treaty and the declaration of nullity ab initio occurs. The process can not be conducted country-specific. But this is actually
the repeal instruments of a contract according to the jurisprudence of the ECJ in Strasbourg actually possible.
In this regard, the Austrian legal
proceeding. Determination of invalidity within the meaning of the last resort, the strongest instrument in international law
compared with the contract cancellation With respect to the first Protocol to the European Convention on Human Rights - property protection
is generally run for the Convention of a general concept of property proceeds. The strongest concept
of property has international-law on Ireland, Romania is in this context a back-wood - state. Before the ECJ case-law according to new art provisional measures under Article
41 of the European Convention on Human Rights against the respective State Convention are possible. Parallelism of the method is not possible.
After failing in Strasbourg but
can consistently individual complaints in Geneva are collected. As already stated, it is in the judgments to documents under Article 38 of the International
Court of Justice, but there are still here in the enforcement difficulties. Public
liability claims are known. The
right way is the so-called state liability action under the Federal Constitution. Due to the law in Austria is going to
recommend but new ways, especially in consideration of the jurisdiction of the property justified by the Austrian Code of
Civil Procedure other responsibilities.
In this context, it is stated that
a mistake by the judiciary of the highest courts can be compensated by bringing individual actions in Luxembourg. Here again is in this context to the Strasbourg Court of Human Rights European
Court of Justice, for example, case Maiestri - to refer Italy.
Dr. Martin Graf-FPÖ Gruber-De Gasperi Agreement-Paris
Peace Conference 1946 - South Tyrol question.
For this purpose,
the following is performed:
Regarding South was the only minority control after the war. They are
the following
a system based
on international law - pacta sunt servanda. As an instrument
of international law interpretation. A referendum is
not the right way.
Single-sector
assignments, however, are worthy of investigation.
Furthermore, it is to be mentioned that Tito was not practiced the Benes Decrees. However, there are enclaves in Friuli
and Istria, which has been considered yet. At least one of agriculture in much larger near the border with Italy is recirculate. The author knew the owner. Here, with the successors to launching investigations. (With regard to succession may here with reference to the above comments there
are no conclusions can be drawn in the case-though few different -.., Precautions decisions decisions can not be cited here,
the author has a large network in the Balkans starting..
Görtz
to Serbia and Croatian attorneys.
One
of my main substitutes Dr. Aurel Krustulovic.
Lawyer
in Zagreb was probably murdered. I met
him even when he already had at Semmering political difficulties.
Recommendation State liability claim:
Jurisdiction of the assets. Z. B. Jurisdiction of New York.
Expert can be arranged.
I am working on the platform with the civil
Aspect of asset deprivation during linearization crimes.
Of course there was room in Bruck war
as the Gauleiter Otto Christandl who was head
of the Volkssturm for the massacre of 6,000 Jews at the Präbichl responsible by the Schutzstaffel SS and sentenced by a British
military court and were executed in 1946 already. (Sources own information and judgment in Austria in Europian Union 2002,
305). At Erika Weinzierl, The house is Aryanised
property. (See Siegel attorney :)
seems to even the house.
Note:
This is a falsification of history.
The greatest
number of Jews from Styria. In Bruck
slumbers still a Eigentum.Ein to Aryanised third of the
houses in the city area.
The
Austrian jury - and jury trial
since the abolition
of the people's courts in 1955 attention values shows also acts in the sense of mass destruction complexes such
a case from LG Vienna Belarus - acquittal mistakenly suspected putative self-defense - a structure which, as the Court is
unthinkable. GZ. 20 Vr 1100/66, (see my site for putative self-defense Criminal)
or a similar case from Tatbild LG Linz
19Vr 1460/67 setting of the proceedings before the trial or
Dr. Henry G. victims psychologically
Sick
- interrupt the proceedings on 3/21/00 before
Reading
of the indictment to LG Vienna, 23b, 12100/97.
The platform focuses on the civil judgment with the involvement of
the Criminal Law.
Note to Carinthia: There was also virtually no
criminal proceedings and the file disappeared over (where these are completed will apply.).
Sources: Military Government Court-Allied Commission for
Austria, British Element, Court Registry.
Note the process organizations from America:
They proved to be ineffective. Exemplary process organization of Germans in Romania under
Using the mayor of Sibiu. The
Negotiating levels of judgment and the judgment in Deva directory
proved useful. To verify the ownership of the Dracula Castle in Hunedoara the probatio diabolica been approved.
However, it was awarded to the state. The procedure
ran from the viewpoint of non-contentious law - dates for applications have been extended several times. A
80-year-old graduate ig lawyer from Kapfenberg in Kronstadt has lost because of an incorrect legal advice his corner.
However, what was possible in Romania
must also be available in Austria.
Network of a process organization.
In Austria, there was the problem that the deadlines
set by the
Third Restitution Act were too short. Made in Romania
repeatedly extensions.
Aerial photographs had been feared. The
author has for the time being
on aerial photographs
of the Federal Survey Office of the 1953rd
Note
the third Restitution Act formally Provincial Court jurisdiction.
Note to art.26-State Agreement, the provision of the
aryanised property provides. non self exekuting.
Another consequence legislation is woefully inadequate.
The probable error of Dr. Ariel Muzikant: claim
benefits victims fund
are irrelevant to a method.
The Finanzprokuratur mastered the game. The best lawyers
bar exam - Prokuraturprüfung - 53 lawyers - as authority-dependent unconstitutional.
(Note: The Finanzprukuratur are already - my interpretation
of the law
is only in public law correctly. Incorrect: We are moving in the civil law.
There are many cases already
Germany: Sommerfeld
Federal
Constitutional Court judgment 16.9.2009, GZ 1BvR 2275/05
Why it will not work published short term:
However, I realize the time being, only that in the process
before the Federal Constitutional Court no
Made remarks after dt.BGB could what is common practice in Austria.
http://www.bundesverfassungsgericht.de/entscheidungen/rk20090916_1bvr227507.html
The
case is considered by the author as predicted - in Austria, however, we have the strongest contract avoided instruments.
In this context, the Austrian Condictionenrecht reference may be made. The remarks in this connection
in Wikipedia is factually incorrect. Austria has the strongest international law in the sense of condiction Realcondiciton
parked on the return of a property, in the sense of restitution (Note: However, in this case 30-year limitation period - absolute).
http://www.pnn.de/pm/222280/
Note to the jurisprudence of the Supreme Court in Austria:
He knows the situation. Always be quoted Prof. Gschnitzer University
of Innsbruck, but always in combination with Senate President Univ.Prof.Dr.Gschnitzer Vienna and other authors.
All judgments in civil proceedings are absolutely correct.
Even in absolute nullity processes are possible
in Strasbourg. When aryanised property,
however, requires a special situation.
Among the processes of art-but for now nothing
is published about requests to Paul Klee.
http://www.artcyclopedia.com/feature-2006-08.html
Aryanised property of the standard:
http://derstandard.at/1931981?sap=2&_sei
Summary legal Austria:
http://dr.grossferdinand.tripod.com/aurora/id62.html
Links:
http://www.nachkriegsjustiz.at/service/links/index.php
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