Restitution

The special law of the newly-formed German states is an independent area of focus which looks back on a special tradition at Pöllath + Partners. In recent years, a clear emphasis lay on the involvement with property claims of persons persecuted by the National Socialist regime and their heirs.

P+P offers inter alia the following functions:

• Enforcement and defence of restitution claims on real estate, companies and other assets, including subsidiary claims and compensation claims (expropriation, forced sale or other damages under the National Socialist regime, the Soviet Occupation and the GDR regime):
• Legal supervision of real estate in the newly-formed German states after restitution, as existing long-term investment or upon assignment
• Legal monitoring of company and real estate investments in the newly-formed German states (company acquisition, investment, purchase of individual properties or real estate titles), including the enquiry into eventual special problems (encumbrance through filing of restitution claims, rights not entered into land register, problems with privatization)
• Reverse transaction of failed investments (problems with the investment priority decision, contractual penalties, etc.)
• Special corporate law of former nationally-owned companies (conversion of nationally-owned companies, integrated plants and co-operatives, trust law, German Mark opening balance, agricultural adjustment law)
• Special real estate law of the newly-formed German States

The following documents are available for download:
Report on Property Restitution Claims (pdf file, German)
in: JUVE 4/2005
Property Claims and Investment in East Germany (pdf file, English)
Workpaper prepared for the 22nd Congress on the Law of the World, World Jurist Association, September 10 - 14, 2005, Beijing / Shanghai, China