Restitution, compensation, or investment? – Reprivatisation of German Democratic Republic property Cover Image

Restytucja, odszkodowanie czy inwestycje? – reprywatyzacja majątku Niemieckiej Republiki Demokratycznej
Restitution, compensation, or investment? – Reprivatisation of German Democratic Republic property

Author(s): Anna Falkowska
Subject(s): History of Law, Civil Law, Transformation Period (1990 - 2010), Comparative Law
Published by: Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika
Keywords: GDR; Reprivatization of property; Unification Treaty; restitution; compensation; owners rights;

Summary/Abstract: The article illustrates the process of the restitution of property within the boundaries of the former GDR. It presents the initial arrangements in this regard between the two German states, concluded in Joint Declaration and Unification Treaty, which provided an obligation to return assets expropriated by the state to their rightful owners or their heirs. This principle of restitution was subsequently developed in the Property Law of 1990. In order to stimulate investment, further legislation, however, introduced exceptions to this rule, giving finally priority to investors over former owners rights. The aim of this article is to draw a conclusion from German experiences and to find clues for the regulation of still unresolved restitution issue in Poland.

  • Issue Year: 7/2011
  • Issue No: 1
  • Page Range: 269-284
  • Page Count: 18
  • Language: Polish