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Unification and Property Issues (June 15, 1990)

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4. The regulations under subparagraph 3 also apply to residential premises that were formerly administrated by legitimate claimants themselves or on their behalf and were nationalized on the grounds of economic necessity.

5. Renter’s protection and the existing usage rights of GDR citizens to real estate and buildings affected by this declaration continue to be preserved and are regulated in accordance with the relevant law of the GDR.

6. With enterprises under trustee administration, the existing limits on use are lifted; the owner assumes control over his business assets.

Enterprises and shareholdings that were nationalized in 1972 are covered under the Law of March 7, 1990, on the Establishment and Activity of Private Businesses and on Business Shareholdings. In these cases, Article 19, Paragraph 2, Clause 4 of the law is interpreted in such a way that the state-owned share must be sold to the private corporations upon request; the decision about the sale is therefore not at the discretion of the relevant authorities.

7. For businesses and shareholdings that were incorporated into national property through confiscation between 1949 and 1972, the former owner will be given – taking into account how valuable the business has become – the business as a whole or shares or stocks in the company, provided that he does not wish to take advantage of compensation. Details are still in need of further regulation.

8. If assets – including usage rights – were acquired through dishonest machinations (e.g., through the abuse of power, corruption, coercion, or fraud on the part of the acquirer), the acquisition of legal rights is not protected and must be reversed. In cases of proper acquisition, subparagraph 3.b) applies.

9. Insofar as confiscations of property occurred in connection with criminal prosecutions that were contrary to the rule of law, the GDR shall create the legal prerequisites for correcting them in a proper legal process.

10. Ownership interests by citizens of the FRG in the redemption bond for old accounts will be serviced, including interest, in the second half of 1990 – that is, after the currency conversion.

11. Insofar as limitations on foreign currencies in payment transactions still exist, they are abolished with the coming into force of the Monetary, Economic, and Social Union.

12. The assets of legal persons under public law that exist or existed on the territory of the GDR, and which have been under trustee administration by state agencies of the Federal Republic of Germany on the basis of the Legal Entities-Liquidation Law [Rechtsträger-Abwicklungsgesetz], will be handed over to the legitimate claimants or their legal successors.

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