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Provision Prozesse1947 Aryanised property Austria human rights

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In any case, victims of the Third Reich were under duress (§ 870 Civil Code) withdrawn assets, like it is by Jews, socialists, or resistance fighters, Roma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
















LINK:

Summary legal Austria:

http://dr.grossferdinand.tripod.com/aurora/id62.html





A reconstruction based on the incidents at BG Bruck in 1947, where a judge felled 180 judgments as chairman of the Commission for Restitution.

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