War Damage Compensation and Restitution in Foreign Countries

Abstract

This article deals with domestic legislation on war damage and restitution. Therefore, all problems relating to reparations and their use for war damage as well as to international restitution1 must remain outside the scope of this study. Similarly, international agreements concerning war damage and restitution2 are excluded therefrom. Furthermore, we shall treat here of war damage only in so far as it is not based on any insurance schemes for war losses in Allied and enemy countries during World II. War damage compensation is reparation of losses3 sustained in a country at war (or in a neutral country which was subjected to such losses inadvertently by the belligerents4) by acts of war, enemy occupation, or their consequences. Restitution is the restoration of available property which was confiscated or sequestrated or was subjected to forced transfers by acts of the occupant or of the government or other authorities or of private persons in the country of the situs of the asset. In practice, restitution is not restricted to restoration of the object to the owner but also involves, within certain limits, for losses sustained by the owner through and during deprivation of possession. The basis of the damage and the consequence of the act (in the first instance involving destruction of or damage to property or bodily harm and in the second, transfer of title) are different. None-