Asset Allocation Act
| Basic data | |
|---|---|
| Title: | Law on the determination of the allocation of former state-owned property |
| Short title: | Asset Allocation Act |
| Abbreviation: | VZOG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Administrative law |
| References : | 105-7 |
| Original version from: | March 22, 1991 ( BGBl. I p. 766, 784 ) |
| Entry into force on: | March 29, 1991 |
| New announcement from: | March 29, 1994 ( BGBl. I p. 709 ) |
| Last change by: |
Art. 3 G of 3 July 2009 ( Federal Law Gazette I p. 1688, 1692 ) |
| Effective date of the last change: |
July 11, 2009 (Art. 6 G of July 3, 2009) |
| Please note the note on the applicable legal version. | |
The Asset Allocation Act regulates the procedure for allocating formerly nationally owned assets . This is intended to restore the marketability of formerly publicly owned real estate , which has been assigned to the Treuhandanstalt or the public-law regional authorities by the Trust Act and the Unification Agreement .
Regulations
The execution of these transfers of ownership by virtue of the land register was previously not possible with regard to Section 29 Land Register Regulations (GBO). As a result, the current owners could not dispose of their property even in cases in which the assignment according to the Unification Agreement neither required any further legal regulation nor posed any other problems . The Asset Allocation Act solves the problem on two levels. On the one hand, the law provides for a procedure for determining the ownership structure of the specific individual assets; the procedure ends with a notice on the basis of which the land register can be corrected. On the other hand, § 8 VZOG grants the public-law regional authorities a legal right of disposal over formerly state-owned real estate, regardless of the determination procedure. The prerequisite for this is that the respective municipality or city or the respective district itself or its organs or the former state- owned companies of the housing industry are entered in the land register as the legal entity of the property in question at the time of the ruling. This regulation establishes the right to dispose of the affected real estate without any special administrative procedure.
literature
- Klaus König , Gunnar Folke Schuppert , Jan Heimann (eds.): Asset allocation. Concentration of tasks in the new federal states (= administrative organization, state tasks and public service. Volume 29). Nomos, Baden-Baden 1994, ISBN 3-7890-3608-0 .
- Jürgen Schmidt-Räntsch : Assignment of ownership, legal ownership and rights of use to real estate: current problems of legal practice in the new federal states. 2nd Edition. Publication Communication Forum Law, Economy, Taxes, Cologne 1998, ISBN 3-8145-9238-7 .
