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During National Socialist rule in Austria (1938-1945), real estate
and movable Jewish communal property became the subject of
systematic confiscation. In most cases, real estate owned by Jews
was 'aryanized' through involuntary sales or confiscated through
direct governmental action. Other Jewish property assets, including
religious and cultural property, were also confiscated without
compensation. After 1945, a part of the confiscated real estate in
Austria was the subject of restitution proceedings. In many cases,
the properties were either returned to their original owners or an
agreement was made for suitable monetary compensation. Other
confiscated properties became public property. In the Washington
Agreement of 2001, the Republic of Austria agreed to embark on in
rem restitution of property, allowing the restoration of property
which had become public property, to its former owners or their
heirs. An Arbitration Panel for In Rem Restitution was established,
and in due course has begun to publish the reports of its
deliberations. The Arbitration Panel can recommend an in rem
restitution of publicly-owned property which had been confiscated
but had not been the subject of restitution proceedings after 1945.
In many cases, restitution proceedings had already occurred after
1945, but even in these cases the Arbitration Panel can act if new
evidence has arisen or if the earlier proceedings resulted in
'extreme injustice.' 366 claims were judged to have met application
requirements, and these cases have subsequently been the subject of
careful juridical and historical investigation. The volumes in this
series reproduce the judgments of the Arbitral Panel on those 366
claims. As such they represent a significant body of case law on
Nazi expropriations and property restitution affecting a large
number of applicants worldwide. The substance of these judgements
will be of intense legal and historical interest.
The series "Decisions of the Arbitration Panel for In Rem
Restitution" documents a fundamental element of Austria's most
recent compensation measures dealing with the consequences of the
National Socialist era. The possibility of in rem restitution of
property seized during the National Socialist era which is now
publicly-owned was provided for by the Washington Agreement of
2001. The Arbitration Panel for In Rem Restitution, established
with the General Settlement Fund for Victims of National Socialism
in Vienna, decides on applications for restitution. For the most
part, the applications concern real estate that was confiscated
between 1938 and 1945, was publicly-owned on the Agreement cut off
day (17 January 2001) and in many cases had already been the
subject of restitution proceedings after 1945. Since 2003, the
Arbitration Panel has decided on a great number of applications and
has recommended the restitution of property to the former owners or
their legal successors in several cases. In the course of these
decisions based on the General Settlement Fund Law, the Arbitration
Panel has developed a complex case law. Volume 6 contains twelve
decisions of the Arbitration Panel from 2008 and 2009, each in the
German original and with an English translation.
The series Decisions of the Arbitration Panel for In Rem
Restitution continues to document a fundamental element of
Austria's most recent compensation measures dealing with the
consequences of the National Socialist era. The possibility of in
rem restitution of property seized during the National Socialist
era, which is now publicly-owned, was provided for by the
Washington Agreement of 2001. The Arbitration Panel for In Rem
Restitution, established with the General Settlement Fund for
Victims of National Socialism in Vienna, decides on applications
for restitution. For the most part, the applications concern real
estate that was confiscated between 1938 and 1945, that was
publicly-owned on the Agreement cut off day (January 17, 2001),
and, in many cases, had already been the subject of restitution
proceedings after 1945. Since 2003, the Arbitration Panel has
decided on a great number of applications and has recommended the
restitution of property to the former owners or their legal
successors in several cases. In the course of these decisions,
based on the General Settlement Fund Law, the Arbitration Panel has
developed a complex case law. Volume 5 of this series contains 15
decisions of the Arbitration Panel from 2007 and 2008, each in the
original German text and with an English translation. (Series:
Decisions of the Arbitration Panel for In Rem Restitution - Vol. 5)
The series Decisions of the Arbitration Panel for In Rem
Restitution documents one of Austria's most recent compensation
measures, dealing with the consequences of the National Socialist
era. For property which was seized during the National Socialist
era and is now publicly owned, the possibility of in rem
restitution was provided for in the Washington Settlement Agreement
of January 17, 2001. The Arbitration Panel for In Rem Restitution,
established with the General Settlement Fund in Vienna, decides on
applications for restitution. For the most part, the applications
concern real estate that was confiscated between 1938 and 1945, was
publicly owned on the Agreement cut off day (January 17, 2001), and
in many cases had already been the subject of restitution
proceedings after 1945. Since 2003, the Arbitration Panel has
decided on a great number of applications and has recommended the
restitution of property to the legal successors of former owners in
several cases. In the course of these decisions, the Arbitration
Panel has developed a complex case law. Volume 3 contains 12
decisions of the Arbitration Panel from 2006, each in the German
original along with an English translation. The book will be of
great interest to international lawyers, legal advisors to Jewish
victims of Nazism, legal historians, and scholars of property
restitution in the UK, US, Australia, and New Zealand.
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