1937 REICHSGESETZBLATT, PART I, PAGE 1333
Law on the Granting of Indemnities in Case of Confiscation or ' Transfer of Property, 9 December 1937
The Reich government has decided to proclaim the following law:
Chapter 1. Property of Communists, Enemies of the People and
the State
Article 1
If objects and rights have been seized in favor of a state on the basis of the law on the confiscation of communist property of 26 May 33 (RGB1 I, page 293) or of the law on the confiscation of property of enemies of the people and the state of 14 July 1933 (RGB1 I, page 479) before the law became effective, the state shall not be responsible for the claims which have arisen against the former owner of the seized property or rights.
Article 2
1. Rights, which are still existing at the time this law becomes effective and apply to confiscated objects, are deemed expired
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with the seizure. The same is true in the case of guarantees on property which has been confiscated.
2. Section 1 is not being applied if the seized objects have already been sold by the state before this law became effective.
Article 3
1. Corporations are not responsible for liabilities from the time before the confiscation, if all the shares have been transferred by confiscation to the property of a state, unless the liabilities were recovered by the sequestration decreed for the preparation of the seizure.
2. The existing rights of third persons in the property of such corporations will be considered as expired.
Article 4
Legal personalities, corporations, or legally incompetent associations, whose property has been confiscated, are considered as dissolved by the seizure. A liquidation does not take place.
Article 5
Claims against the owners of property mentioned in Article 4 shall be deemed expired through confiscation of the property. The same applies to individual members or partners of associations. The affidavits and other liabilities existing in order to insure the safeguarding and guarantees of such claims are also deemed expired.
Article 6
1. If someone suffered financial loss through sequestration or seizure of objects and rights on account of the laws mentioned in Article 1, or through their effect, an indemnification from the means of the state in whose favor the confiscation or seizure took place can be granted. In the sense of this regulation, no one has suffered loss who was affected by the sequestration or seizure directly.
2. A person shall not be granted compensation on the basis and with the acquisition of this right, which expired with this law, if he has intentionally or carelessly promoted:
1. Communist aspirations.
2. Marxist or other movements which have been declared
as hostile to the people and state by the Minister of the Interior.
It is not an intentional promotion of aspirations as designated in No. 2, if the victim stood under the control or direction of the state.
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3. An indemnification can also be granted in the cases of (2) No. 2, i.e. if the victim is needy in the sense of Article 13(2) or if the predominant viewpoints of the public interest speak for the granting of indemnification.
Article 7
1. Indemnification will only be granted if the victim makes a petition before 31 March 1938.
2. The petition has to be sent in writing to the competent authority (Article 9), with reference to the cause of the offense.
Article 8
1. The determination of the indemnification takes place in a determination procedure and before determining authorities.
2. The Reich Minister of the Interior can decree that no determining procedures shall take place for certain properties or in certain districts. If such a regulation is issued by the Reich Minister of the Interior, the regulations of this section with the exception of Articles 1, 4 and 5 are not to be applied for the property of the district.
Article 9
1. The determining authority in Prussia and Bavaria is the president of the government (in Berlin the police president), in Saxony the Kreishauptmann, and in the other states the highest authority of the state.
2. The Reich Minister of the Interior may decide that a common determining authority will be formed for several administrative districts.
Article 10 .
1. The determining authority for the district in which the sequestered or seized property, whose indemnification has been proposed, used to be, is locally responsible.
2. The highest authority of the state or the Reich Minister of the Interior appoints the determining authority, if the property was located in the district of several determining authorities and if several determining authorities of the same state are involved.
3. The Reich Minister of the Interior is entitled to appoint
exclusively one or more determining authorities for certain kinds of confiscated or seized objects and rights.
Article 11
1. The petition to grant indemnification shall be refused, if it has not been made within the time determined in Article 7, sec-
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tion 1. The determining authority is obliged to admit the petition, if the victim proves that he himself or his legal representative or his proxy failed to make the petition within the appointed period through no fault of their own and inasmuch as it will be repeated within two months after clearing the obstacle. Petitions cannot be made any more after 31 March 1939.
2. If the petition to grant indemnification is received by a determining authority, which is locally not responsible (Article 10), it will fall within the appointed time.
Article 12
1. The total amount of indemnifications, which shall be granted because of sequestration or seizure of property of a certain owner of property, is limited by the extent of this property. Each economic unit will be considered property in the sense of the first sentence, if the confiscated property of a person includes several economic units of the kind designated in Article 2 of the Reichs-bewertunsgesetz [Law for the evaluation of property] of 16 Oct 1934 (RGB1 I, page 1035). For the classification according to economic units, a determined purpose in the period before the confiscation is of no importance.
2. In order to estimate the extent of property according to Section 1, its selling value is decisive.
Article 13
1. In determining the indemnifications, the creditors should be treated in the succession as is provided for their satisfaction in the bankruptcy order.
2. This principle is to be disregarded, if reasons of fairness require to do so; particularly these victims are to get privileged treatment whose livelihood or economic progress is endangered or require an indemnification in order to fulfill their duties of livelihood on the basis of the law.
Article 14
1. The determining authority fixes the amount of money to be paid as indemnification. It can determine installments and the time of payments. Inasmuch as there is no other clause in the decision of the determining authority, the amount of money is payable to him within one month after the decision has been delivered to the victim.
2. The determining authority may rule that an indemnification will be effected by Reich or state-owned mortgage-deeds or
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by transferring an object, or that claim of indemnification due to the victim on account of the decision of the determining authority will be secured by arranging a lien on land.
3. The state can propose, until the decision of the determining authority has been relayed to the victim, what, in the amount of the indemnification which is being granted for an expired lien on land (Article 2, 6), a new lien on land will be entered into the land-register in its place. The determining authority has to respect such a move except in the case that this would be particularly unfair toward the victim. The new lien on land has to be entered into the land-register under the same conditions as the expired one insofar as the determining authority does not issue different instructions; the rate of interest may be reduced by the determining authority to five percent.
Article 15
1. The victim is entitled to appeal to the determining authority of the Reich against the decision of the determining authority. (Article 16)
2. The appeal must be delivered in writing to the determining authority or to the determining authority of the Reich, within two weeks after the decision has been forwarded and it must be substantiated. Article 11, Section 1 will be applied respectively.
3. The determining authority may submit its decision to the determining authority of the Reich for scrutiny. Its presentation to the determining authority of the Reich has the effect of an appeal.
Article 16
1. The determining authority of the Reich will be linked to the Reich Minister of the Interior.
2. The determining authority of the Reich consists of chambers. Each chamber is composed of five members including the chairman, three of whom must have the ability to perform the functions of the judge or of higher administrative offices, two members will be suggested by the Deputy of the Fuehrer.
3. The chairman and the members will be appointed by the Reich Minister of the Interior.
Article 17
1. The decisions of the determining authorities are to be delivered to the victim.
2. The decision of the determining authority of the Reich is final.
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Chapter 2.
Property forfeited to the Reich
Article 18
If the property of a person deprived of his citizenship (law on the recall of naturalizations and the deprivation of the German citizenship of 14 July 1933—RGB1 I, page 480) has been confiscated, or has been declared forfeited to the Reich, previous to this law, the Reich is not responsible for claims against the person deprived of his citizenship.
Article 19
1. Rights on objects of such properties, which have been declared as forfeited to the Reich, are deemed expired with the declaration of forfeiture. The same applies to objects on which property rights have been secured.
2. Section 1 will not be applied, if the objects have already been sold by the Reich before effectiveness of this law.
Article 20
If someone has suffered a loss of property through sequestration or the declaration of forfeiture (Article 18) or through the effect of this law, he may be granted an indemnification from the funds of the Reich. The victim in the sense of this regulation is not he who was directly affected by the sequestration or declaration of forfeiture.
Article 21
The regulations of Articles 6 to 17 will be applied respectively according to Articles 22 and 23.
Article 22
The determining authority of the Reich will decide on the petition.
Article 23
An indemnification will also not be granted (Article 6(2)), if the victim has knowingly supported the person deprived of his citizenship in hurting German interests.
Chapter 3. Property of Former Associations of Employers and
Employees
Article 24
1. The property administration of the DAF [German labor front], Ltd., Berlin (hereafter called "property administration of the German labor front") as trustee of the German labor front, will be put in possession of the former associations of
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employers and employees including the auxiliary and replacement organizations, property administrations, pension disbursing agencies and other special properties, upon entrance into effect of this law. .
2. In the case that only former associations of employers and employees have interests in a legal personality, the property administration of the German labor front will be put in possession of both the shares of property of the former associations of employees and employers and the property of the legal personality. However, if the legal personality represents a corporation, a limited liability corporation, or company, the property administration of the German labor front will only be put in possession of the shares or business shares; the company continues its existence with rights and obligations. Sentence 2 is not effective if the exclusive purpose of the company was the administration of houses of labor unions or if a property administration or trustee company of a former association of employers and employees is involved, the property of which will be put in possession of the property administration of the German labor front as provided in (1). The property administration of the German labor front (DAF) will in these cases take possession of both the shares and business shares, and also of the property of the company.
3. Inasmuch as the property of a former association of employers and employees has already been disposed of through an orderly liquidation or agreement, it will be left as it is. Pending liquidations and settlements will not be continued.
4. The Reich Minister of the Interior will announce, in agreement with the Deputy of the Fuehrer, the Reich Minister of Economy and the Reich Minister for Labor, the owners of property, possession of which has been transferred to the property administration of the German labor front according to (1), (2) first sentence and (2) third sentence. These regulations will be announced in the Deutscher Reichsanzeiger and Preussischer Staatsanzeiger (official publications) until the 30 June 1938. They are binding for courts and administrative authorities.
5. The owners of property to be made public as provided in
(4), are, inasmuch as they represent legal personalities or collective personalities, dissolved with the effectiveness of this law. A liquidation does not take place.
6. The leader of the German labor front Dr. Ley will be the guardian entitled to dispose of the properties confiscateed by the general public prosecutor of the Country Court I Berlin from
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the time of confiscation of the properties up to the effectiveness of this law and will be verified with the authority to take action compatible with the purpose of the sequestration and according to his judgment conformable to duty; in particular to give and receive declarations of will for the owners of the confiscated property.
Article 25
1. The German labor front and the property administration are responsible for claims against those owners of property, which has been transferred to the latter, only in the case, if the claims arose after a day which the Reich Minister of the Interior will determine in cooperation with the Deputy of the Fuehrer, the Reich Minister of Economy and the Reich Minister for Labor at the announcement of the owners of property (Article 24(4)).
2. The German labor front and the property administration of the German labor front are responsible for claims resulting from service or work status with the owners of property mentioned in Article 24 or the German labor front only, if the service or work status has been extended by the German labor front beyond the 30 Sept 1933.
Article 26
1. Rights on objects, which the property administration of the German labor front acquires according to Article 24, are expiring. The same applies to property rights secured in such objects.
2. Section (1) will not be applied, if the objects have been already liquidated at the effectiveness of this law or if the rights or the secured property have been established after the day to be determined according to Article 25 (1).
Article 27
If the victim suffered a loss in property on account of the regulations of Articles 25 and 26, he can be granted an indemnification from the funds of the German labor front and the property administration of the German labor front.
Article 28
The regulations of Articles 5 to 17 will be applied on the basis of Articles 29 and 30 respectively.
Article 29
The petition to grant an indemnification has to be made in writing by 30 Sept 38 to the determining authority (Article 30) by stating the cause of the offense.
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Article 30
1. The determining authority of the Reich will decide on the motion (Article 16). The chambers will judge the case in a composition of three members including the chairman of whom one member will be suggested by the Deputy of the Fuehrer, another one by the Reich Minister of Economy in conjunction with the Reich Minister for Labor. The chairman and the members will be appointed by the Reich Minister of the Interior.
2. Before the decision a representative to be named by the German labor front has to be heard.
Article 31
Inasmuch as economic associations of employers and their institutions have been incorporated or joined or dissolved within the framework of the legislation on the preliminary erection of the Reich food estate, the regulations of this part will not be applied.
Chapter 4. Final Regulations Article 32
1. Indemnification will not be granted on the basis of other laws in those cases affected by this law. Existing claims expire.
2. If a party proves by litigation that the pending claim comes under this law, the court has to discontinue the procedure and to defer temporarily the distraint resulting from an executory decision already enacted. The court may also issue these regulations under the authority of the law if it views the pending claim as falling under this law. In both cases the court has to inform the proper determining authority by presenting the records. The rules of the court cannot be contested.
3. The determining authority may admit the further prosecution of the claim by regular legal steps or present the records to the determining authority of the Reich for a decision.
4. If the determining authority or the determining authority of the Reich permits the further prosecution of the claim by regular legal steps, the court has to lift on request the regulation on the discontinuance of the legal dispute or the temporary suspension of the distraint.
5. The decision of the determining authority of the Reich to deal with the claim in a determining procedure does not permit its further prosecution by legal steps and the distraint of the claim.
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Article 33
If there exists already an executory title on claims which are affected by this law, the regulations of Article 32 will be applied respectively.
Article 34
Inasmuch as a legal dispute is being settled by this law, the court costs will be cancelled and the extrajudicial costs balanced against each other.
Article 35
1. The granting of an indemnification by arbitration will not be excluded by the regulations of this law. The determining authority has to verify the agreement.
2. If an agreement on the claims and rights affected by this law had already been concluded at the time this law became effective, it will be left as it is.
Article 36
1. If the Reich or a state has transferred confiscated properties as a whole or in part to another natural or legal personality, the determining authority may impose upon the one who takes possession of the property, the duty to give total or partial indemnification to the entitled persons. In case the Reich or a state will be declared liable of indemnification, it must at the same time be determined whether and in what amount the one who takes possession has to pay compensation to the Reich or State. The person taking possession of the property has the right to appeal against the decision of the determining authority to the determining authority of the Reich.
2. Resulting from the valid decisions of the determining authorities, by which according to (1) obligations will be imposed on the one who takes possession, the distraint will be executed.
Article 37
The decisions of the determining authorities are binding for the regular courts and other places of judgment.
Article 38
Articles 3, 4 and 7 of the law on the confiscation of communist property of 26 May 1933 (RGB1 I, p. 293) are no longer valid.
Article 39
1. If objects and rights are seized on the basis of the laws designated in Article 1, the State is responsible for claims against the former owner of the confiscated objects only with the rights and objects fallen to it by the confiscation. Rights on objects of seized property continue to exist.
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2. In case of excessive debts, bankruptcy proceedings against the property will be enacted through motion of a state or creditor, according to regulations. The referee in bankruptcy has to be appointed in agreement with the central administration board responsible for the district of the bankruptcy court and has to be recalled on its request.
3. The same applies if the property of a person deprived of citizenship (Article 18) has been declared to fall to the Reich after this law had become effective.
Article 40
The Reich Minister of the Interior will be authorized to issue in agreement with the other responsible ministers the legal and administrative instruments required in order to execute and supplement this law.
Berlin, 9 December 1937
The Fuehrer and Chancellor of the Reich
Adolf Hitler
The Reich Minister of the Interior
Frick
The Deputy of the Fuehrer
R. Hess
(Reich Minister without Portfolio) The Reich Minister of Finance
Count Schwerin von Krosigk The Reich Minister of Economy authorized to manage affairs:
Goering
(Prussian Premier) The Reich Minister for Labor
Franz Seldte
The Reich Minister for Justice
Dr Guertner
Law stating that the Reich is not responsible for claims against property it has confiscated from Communists, enemies of the people, and persons deprived of citizenship; providing for the property of business and labor associations transferred to the German Labor Front (DAF); and the expiration or settlement of various legal claims
Authors
Adolf Hitler (Fuehrer, Reich Chancellor, Supeme Commander of Wehrmacht)
Adolf Hitler
Austrian nationalized German politician, leader of the National Socialist party and dictator of Germany (1889-1945)
- Born: 1889-01-01 1889-04-20 (Braunau am Inn) (country: Austria-Hungary; located in the administrative territorial entity: Archduchy of Austria above the Enns; statement is subject of: Adolf-Hitler-Geburtshaus)
- Died: 1945-04-30 (Berlin Führerbunker) (country: Nazi Germany; located in the administrative territorial entity: Berlin; statement is subject of: death of Adolf Hitler)
- Country of citizenship: Cisleithania (period: 1889-04-20 through 1918-11-11); First Republic of Austria (period: 1919-01-01 through 1925-04-30); Nazi Germany (end cause: death of Adolf Hitler; period: 1933-01-30 through 1945-04-30); Republic of German-Austria (period: 1918-01-01 through 1919-01-01)
- Occupation: painter (statement is subject of: paintings by Adolf Hitler); political writer; politician (reason for preferred rank: generally used form); soldier
- Member of political party: German Workers' Party (period: 1919-09-12 through 1921-07-11); Nazi Party (series ordinal: 556)
- Member of: Nazi Party
- Participant in: Aktion T4; Beer Hall Putsch; The Holocaust; ethnic cleansing
- Significant person: Albert Speer; Benito Mussolini; Eva Braun; Joseph Stalin
Wilhelm Frick (Minister of the Interior; chief of Nazi delegation, Reichstag; admin. Plenipotentiary)
Wilhelm Frick
German Nazi official (1877-1946)
- Born: 1877-03-12 (Alsenz)
- Died: 1946-10-16 (Nuremberg)
- Country of citizenship: Germany
- Occupation: diplomat; lawyer; politician
- Member of political party: German Völkisch Freedom Party; National Socialist Freedom Movement; Nazi Party
- Member of: AGV München; Thule Society
- Participant in: Aryanization; Beer Hall Putsch; International Military Tribunal (role: defendant)
- Position held: Protectorate of Bohemia and Moravia (period: 1943-08-24 through 1945-05-04; replaces: Konstantin von Neurath); Reichsminister des Innern (period: 1933-01-30 through 1943-08-20; replaced by: Heinrich Himmler; replaces: Franz Bracht); member of the Reichstag of Nazi Germany; member of the Reichstag of the Weimar Republic
Rudolf Hess (Deputy to the Fuehrer; minister without portfolio)
Rudolf Hess
German Nazi leader (1894-1987)
- Born: 1894-04-26 (Alexandria)
- Died: 1987-08-17 (Spandau Prison) (located in the administrative territorial entity: West Berlin)
- Country of citizenship: Germany
- Occupation: aircraft pilot; politician
- Member of political party: Nazi Party
- Member of: Thule Society
- Participant in: Beer Hall Putsch
- Military rank: lieutenant
Lutz Schwerin von Krosigk (Graf; Reich Minister of Finance)
Lutz Graf Schwerin von Krosigk
German nobleman, jurist, and senior Nazi government official (1887-1977)
- Born: 1887-08-22 (Rathmannsdorf)
- Died: 1977-04-03 1977-03-04 (Essen)
- Country of citizenship: German Empire; Germany; Nazi Germany; Weimar Republic
- Occupation: diplomat; economist; jurist; military personnel
- Member of political party: Nazi Party (since: 1937-01-30)
- Participant in: Aryanization; Ministries Trial (role: defendant); Nuremberg Medical Trial (date: 1947-02-06; role: affiant)
- Significant person: Karl Brandt (role: acquaintance)
- Position held: Chancellor of Germany (period: 1945-05-01 through 1945-05-23; replaced by: Konrad Adenauer; replaces: Joseph Goebbels); Federal Minister for Foreign Affairs (period: 1945-05-02 through 1945-05-23; replaces: Arthur Seyss-Inquart); German Foreign Minister (period: 1945-05-02 through 1945-05-23; replaced by: Georg Dertinger; replaces: Arthur Seyss-Inquart); Leading Minister (period: 1945-05-01 through 1945-05-23)
Hermann Goering (Reich Marshal; Commander in Chief, Luftwaffe; Commissioner for Four-Year Plan)
Hermann Göring
German Nazi politician, military leader and convicted war criminal (1893–1946)
- Born: 1893-01-12 (Rosenheim)
- Died: 1945-01-01 1946-10-15 (Nuremberg Court Prison Nuremberg) (reason for deprecated rank: error in referenced source or sources; reason for preferred rank: most precise value)
- Country of citizenship: German Empire; Nazi Germany
- Occupation: aircraft pilot; art collector; politician; war criminal
- Member of political party: Nazi Party (period: 1922-11-01 through 1923-11-23, 1928-04-01 through 1945-04-29)
- Member of: Sturmabteilung
- Participant in: Beer Hall Putsch; Nazi plunder; genocide; war crime
- Significant person: Alma Hedin (role: friend)
Franz Seldte (Reich Minister of Labor)
Franz Seldte
German politician (1882-1947)
- Born: 1882-06-29 (Magdeburg)
- Died: 1947-04-01 (Fürth)
- Country of citizenship: Germany
- Occupation: politician
- Member of political party: German National People's Party; Nazi Party
- Member of: Der Stahlhelm, Bund der Frontsoldaten
- Military rank: major
- Military branch: Imperial German Army
Franz Guertner (Dr., Minister of Justice 1932-41)
Franz Guertner
Government minister of Germany (1881-1941)
- Born: 1881-08-26 (Regensburg)
- Died: 1941-01-29 (Berlin)
- Country of citizenship: German Reich
- Occupation: jurist; politician
- Member of political party: German National People's Party; Nazi Party; Q15787248
- Participant in: Aktion T4
- Position held: Baviarian Minister of Justice (member of cabinet: Q1719960, Q1719961, ..., Q1720104; period: 1922-08-04 through 1932-06-01; replaced by: Heinrich Spangenberger); Reich Minister of Justice (period: 1932-06-01 through 1941-01-29; replaced by: Franz Schlegelberger; replaces: Curt Joël)
- Educated at: Ludwig Maximilian University of Munich
Date: 09 December 1937
Literal Title: 1937 Reichsgesetzblatt . . . Law on the Granting of Indemnities in Case of Confiscation or Transfer of Property 9 December 1937
Defendants: Wilhelm Frick, Hermann Wilhelm Goering, Rudolf Hess
Total Pages: 8
Language of Text: English
Source of Text: Nazi conspiracy and aggression (Office of United States Chief of Counsel for Prosecution of Axis Criminality. Washington, D.C. : U.S. Government Printing Office, 1946.)
Evidence Code: PS-1403
HLSL Item No.: 453335
Notes:This document was apparently not entered in evidence.
Trial Issues
Conspiracy (and Common plan, in IMT) (IMT, NMT 1, 3, 4) Nazi regime (rise, consolidation, economic control, and militarization) (I… Plundering of private property and occupied territories (inc. Reinhardt Ac…
Document Summary
PS-1403: 1937 Reichsgesetzblatt Part I, pages 1333-1338: Law on the granting of indemnities in cases of confiscation or transfer of property