BWBV0005377
Geldig vanaf 06-09-1955
Artikel 3
Verdrag inzake de regeling van aangelegenheden voortspruitende uit de oorlog en de bezetting
1. Notwithstanding provisions of German law to the contrary, any person who, or whose predecessor in title, during the occupation of a territory, has been dispossessed of his property by larceny or by duress (with or without violence) by the forces or authorities of Germany or its Allies, or their individual members (whether or not pursuant to orders), shall have a claim against the present possessor of such property for its restitution, subject, however, to:
(a) reimbursement by the claimant to the defendant for expenditures, which have enhanced the value of the property, made after its acquisition;
(b) payment by the claimant of the value of any consideration received by him or his predecessor in title, which shall be treated in the same manner as German assets existing at the date of removal in the country from which the property was removed.
No such claim shall exist if the present possessor has possessed the property bona fide for ten years or until 8 May 1956, whichever is later.
2. Any claim to restitution pursuant to paragraph 1 of this Article may be brought before a German court on or before 8 May 1956 or before the expiration of ten years during which the possessor possessed the property bona fide, whichever is later, by any national or resident of a State which has acceded to the Charter of the Arbitral Commission on Property, Rights and Interests in Germany.
3. No restitution claim may be asserted, if, prior to the entry into force of the present Convention, a request by a Government on behalf of the claimant for restitution of the property concerned was rejected as not well founded by an agency of one of the Three Powers, except in a case where evidence which could not previously be presented is adduced.
(a) reimbursement by the claimant to the defendant for expenditures, which have enhanced the value of the property, made after its acquisition;
(b) payment by the claimant of the value of any consideration received by him or his predecessor in title, which shall be treated in the same manner as German assets existing at the date of removal in the country from which the property was removed.
No such claim shall exist if the present possessor has possessed the property bona fide for ten years or until 8 May 1956, whichever is later.
2. Any claim to restitution pursuant to paragraph 1 of this Article may be brought before a German court on or before 8 May 1956 or before the expiration of ten years during which the possessor possessed the property bona fide, whichever is later, by any national or resident of a State which has acceded to the Charter of the Arbitral Commission on Property, Rights and Interests in Germany.
3. No restitution claim may be asserted, if, prior to the entry into force of the present Convention, a request by a Government on behalf of the claimant for restitution of the property concerned was rejected as not well founded by an agency of one of the Three Powers, except in a case where evidence which could not previously be presented is adduced.
- Citeren als
- Art. 3
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0005377
- Officiële bron
- wetten.overheid.nl