General War Consequences Act
Das General War Consequences Act (AKG) is a German federal law (BGBl. I p. 439), promulgated on October 5, 1952, and entered into force on December 1, 1952. It comprehensively regulates the legal consequences arising from the events of the Second World War for legal transactions in Germany. The main purpose of the law is to establish legal certainty, safeguard the interests of affected parties, and adapt existing rights and obligations to the changed circumstances after the end of the war.
Historical Development and Legislative Background
After the end of the Second World War, the German legal system faced numerous legal challenges that were attributable to both the direct and indirect effects of the war and its aftermath. The reconstruction of the legal order required clear regulations for a wide variety of individual cases, particularly regarding lost documents, destroyed properties, missing persons, and expropriated assets. The General War Consequences Act became the central instrument for addressing war-related legal consequences in this context.
Regulatory Content and Scope of Application
Scope of Application (§ 1 AKG)
The AKG applies to all legal relationships whose existence, content, or scope are affected as a result of the events of the Second World War or its consequences, unless specific laws take precedence (e.g., Equalisation of Burdens Act, Property Act).
Definitions and Key Terms
The Act defines key terms such as “victims of war persecution,” “prisoners of war,” “losses in assets,” and other relevant terminology to clarify the applicability of its provisions and to establish uniform criteria for legal assessment.
Important Regulatory Areas of the General War Consequences Act
Legal Status of Missing Persons
The AKG sets out the requirements and procedure for declaring missing persons dead. War-related disappearances are a main application case, for example, for missing soldiers or civilians who disappeared as a result of war circumstances. The Act exists in conjunction with the Act on the Declaration of Death of Missing Persons, but with a specific focus on war-related cases.
Property Law Provisions
The Act lays down in detail how to deal with losses of property, changes of ownership, and legal shifts resulting from acts of war or political measures in occupied Germany. This includes, among others:
- Restoration and Protection of Property
- Claims for the restitution of expropriated assets or for compensation payments
- Regulations on the acquisition and loss of real estate, co-ownership and other rights in regions affected by territorial changes
- Termination and adaptation of contracts which have become unenforceable or inapplicable as a result of the consequences of war
Administration of Justice, Documents, Registers
The AKG provides regulations on how public registers (e.g., land registers, commercial registers) are to be maintained in cases where records have been destroyed or individual transactions are no longer traceable. It also governs substitute documents and the issuance of new certificates as well as their legal effect.
Protection of Vulnerable Parties
Special provisions protect those who are particularly vulnerable as a result of the war or its consequences, for example minors, missing persons, or persons forcibly resettled. Valuation standards and statutory deadlines are adjusted in favor of these groups.
Debts, Creditors’ Rights and Debtor Liability
The AKG contains provisions on the treatment of war-related debts, suspension of limitation periods, payment obligations, as well as the statute of limitations and its recommencement, in order to ensure legal certainty and fairness in this area as well.
Relationship to Other Laws and International References
The General War Consequences Act is closely related to numerous other laws, such as the Federal Compensation Act, the Federal Expellees Act, the Federal Restitution Act and the Property Act. Some provisions of the AKG have been modified or supplemented by later legal norms to fulfill Germany’s international obligations (in particular those arising from Allied agreements and international treaties).
Significance and Current Legal Status
In the decades following 1952, the AKG lost practical significance because many of its application cases were resolved legally. Nevertheless, it remains part of the German legal system, especially for unresolved long-standing cases and for the interpretation of historical facts.
Many of its provisions have been repealed or declared obsolete over time because they fulfilled their regulatory purpose. Nevertheless, the General War Consequences Act remains an important document for addressing the consequences of war within the German legal system and a crucial example of the legal handling of large-scale damages in legal history.
References and Further Legal Texts
For a deeper engagement with the legal details of the General War Consequences Act, it is advisable to read the current text of the law as well as commentaries, for example from the Literature on the Law of War Consequences. The most important sources are:
- Federal Law Gazette 1952, Part I, pp. 439 et seq.
- Text edition of the General War Consequences Act
- Commentaries in the major legal commentaries on public law
Summary
The General War Consequences Act is a central element for the legal processing of the consequences of the Second World War in Germany. It provides a comprehensive set of rules for resolving legal problems arising from acts of war and for restoring legal peace. The mechanisms and procedures created by the AKG have made a decisive contribution to the legal and social management of the consequences of war and remain an important reference point for the examination of historically determined situations to this day.
This article provides a comprehensive and factually precise overview of the General War Consequences Act and its legal implications. Further details can be found in the cited legal texts and the relevant literature.
Frequently Asked Questions
Who is entitled to claim under the General War Consequences Act (AKG)?
In principle, persons entitled to claim under the General War Consequences Act (AKG) are natural persons who suffered damage to their property or assets as a result of measures or events arising from the Second World War, which has not already been compensated for under other specific laws—such as the Equalisation of Burdens Act or the Federal Compensation Act. This includes especially those affected by acts of war or their immediate postwar consequences (e.g., expropriations, expulsions, confiscations) who had to accept losses of assets, whereby the so-called ‘war consequences damage’ is determined in detail in each individual case. The claim can also be asserted by their legal successors, such as heirs in the event of the original injured party’s death. The precise definition and eligibility requirements result from the individual provisions of the AKG and corresponding regulations, as well as, where applicable, from existing supreme court rulings. Excluded in particular are damages for which conclusive compensation has already been granted under prior laws or which have been conclusively addressed by the public sector under other compensation schemes.
What benefits does the General War Consequences Act provide for eligible individuals?
The General War Consequences Act provides various compensation payments for eligible persons, which may typically take the form of one-time compensation payments or ongoing benefits. The nature and extent of these benefits are specified in detail in the Act and are generally based on the proven damage and—depending on the type of damage—the scope of uncompensated losses. In some cases, fixed sums or maximum amount regulations apply, which are based on the value of the lost or damaged property. In addition to monetary compensation, benefits in kind or substitute claims from special compensation funds may also be provided. However, granting these benefits is generally dependent on detailed evidence requirements and strictly defined application deadlines, as well as ensuring that no so-called double compensation is provided for the same damage by other compensation laws.
How does the application process under the AKG work, and what deadlines must be observed?
The application process under the General War Consequences Act is strictly formalized and requires the written submission of an application to the competent authority, which varies by federal state (for example, local compensation offices or special state agencies). Extensive evidence regarding the occurrence of the damage, the eligibility of the claimant, and documentation that compensation has not already been received under other laws must be attached. Compliance with statutory exclusion deadlines is particularly important; claims must be submitted within specific cut-off dates/periods following the enactment or publication of the law. Late applications are regularly rejected in order to protect legal certainty and simplify administration, unless special exceptions apply.
Are there any restrictions or grounds for exclusion for benefits under the AKG?
The General War Consequences Act contains a variety of restrictions and grounds for exclusion. A central ground for exclusion is the so-called principle of subsidiarity, under which benefits from the AKG are only provided if and to the extent that compensation has not already been granted under other, higher-priority compensation laws. In addition, damages caused by fault on the part of the claimant (e.g., losses resulting from their own culpable conduct) are regularly excluded from compensation. Further restrictions apply to persons for whom certain facts of political or economic responsibility in connection with National Socialism or the conduct of war can be established. This particularly includes the exclusion of persons actively involved in Nazi injustices.
Can benefits under the AKG be inherited or transferred to third parties?
Benefits granted under the General War Consequences Act may, under certain conditions, also be claimed by the legal successors of the originally eligible persons, especially in the event of inheritance. The same evidence requirements and exclusion criteria apply to heirs as to the original injured party. The assignment of claims to third parties—for example, as part of the sale of receivables—is, however, legally restricted and in many cases excluded, as such benefits generally constitute strictly personal legal claims. Nevertheless, succession by heirs within the framework of statutory succession is provided for and recognized.
Which authority is responsible for handling claims under the AKG?
In the Federal Republic of Germany, so-called compensation offices are primarily responsible for handling claims under the General War Consequences Act, although, depending on the federal state and type of damage, other state authorities or special agencies may be commissioned. The precise responsibility is determined by state implementation regulations. The authorities advise applicants regarding the necessary evidence and application deadlines, make decisions on granting benefits, and also process disbursements. In general, legal recourse is available against the authority’s decisions, allowing applicants to file appeals within specified periods.
