Law to clean up the law of occupation

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The law on the adjustment of occupation law ( BesatzRBerG ) of November 23, 2007 was passed as Article 4 of the second law on the adjustment of federal law in the area of ​​responsibility of the Federal Ministry of Justice and came into force on November 30, 2007.

Basic data
Title: Law to clean up the law of occupation
Short title: Occupation Law Clearance Act
Abbreviation: BesatzRBerG, BeRBerG, BRBG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Constitutional law , administrative law
References : 104-5
Issued on: November 23, 2007
( BGBl. I p. 2614 )
Entry into force on: November 30, 2007
(Art. 80 para. 1 G of
November 23, 2007)
GESTA : C098
Please note the note on the applicable legal version.

After 1949, the was occupied zones by the victorious powers issued allied rights in Germany partly in federal or state law transferred (in the form of so-called reconciliation agreement ). In addition, large parts of the law of occupation were repealed between 1956 and 1960 by (a total of four) laws to repeal the law of occupation (Laws of May 30, 1956, Federal Law Gazette I p. 437, of May 30, 1956, Federal Law Gazette I p. 446 , of July 23, 1958, Federal Law Gazette I p. 540 and of December 19, 1960, Federal Law Gazette I p. 1015). The remaining occupation law was then repealed in 2007 by the law on the adjustment of federal law. (Exception: Control Council Act No. 35 on Compensation and Arbitration Proceedings in Labor Disputes of August 20, 1946).

Contrary to an occasional misunderstanding, the repeal of the aforementioned four laws for the repeal of the occupation law in Section 2 of the Clean-Up Act does not mean that the repealed regulations would come into force again. To do this, they would have to be re-enacted. Rather, the laws have fulfilled their purpose with the repeal of the occupation law and could therefore be dropped again. A "distancing from the content of the law" is not associated with this, as is expressly made clear in the legal materials.

Since the right of occupation is only canceled ex nunc and pro futuro , Section 3 further clarifies that legal consequences that have occurred on the basis of the right of occupation remain unaffected. The regulation is only of declaratory importance. It was expressly included because, according to the "experience with the unification-related regulations of property law in the accession area created on the basis of Article 143, Paragraph 3 of the Basic Law ", the holders of rights that have been withdrawn from them under occupation law or sovereignty sometimes tended to "To misunderstand the legislative acts concerning the occupation as restoration of the former conditions". That is why it is advisable as an exception to expressly counter such misunderstandings (in the wording of the law).

text

§ 1 Repeal of Occupation Right

(1) The legal provisions issued by the occupation authorities ( occupation law ), in particular those pursuant to Article 1 Paragraph 3 of Part One of the Treaty on Regulating Issues Arising from War and Occupation in the version published on March 30, 1955 ( Federal Law Gazette II p. 301 , 405 ) (transition agreement), are repealed unless they have been converted into federal or state law and, at the time they came into force, concerned regulatory areas that were to be assigned to Articles 73, 74 and 75 of the Basic Law .

(2) The Control Council Act No. 35 on Compensation and Arbitration in Labor Disputes of August 20, 1946 (Official Gazette of the Control Council, p. 174), last amended by the Act of February 9, 1950 (Official Gazette of the Allied High Commission for Germany p. 103).

§ 2 Repeal of federal regulations on the adjustment of occupation law

The following are canceled:

  1. the First Act to Repeal the Occupation Law of May 30, 1956 ( Federal Law Gazette I p. 437 ),
  2. the second law to repeal the occupation law of May 30, 1956 ( Federal Law Gazette I p. 446 ),
  3. the Third Act to Repeal the Occupation Law of July 23, 1958 ( Federal Law Gazette I p. 540 ) and
  4. the fourth law to repeal the occupation law of December 19, 1960 ( Federal Law Gazette I p. 1015 ).

§ 3 Consequences of the cancellation

Rights and obligations that have been established or established by legislative, judicial or administrative measures by the occupation authorities or on the basis of such measures remain unaffected by the cancellation and continue to exist in accordance with Article 2, Paragraph 1, Clause 1 of the First Part of the Transitional Agreement. The annulment neither restores previous legal status nor justifies resumption, withdrawal or revocation. Factual prerequisites of occupation law that have not been met by the time this law came into force can no longer be met. Repealed legal provisions will continue to be applicable in the future to facts and legal relationships that were fulfilled or arose during the validity of the legal provisions. The repeal of occupation law does not affect references to it.

Web links

Individual evidence

  1. a b BT-Drs. 16/5051, p. 31 .