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Demands for property restitution of the former German minority in Serbia

DOI: 10.2298/medjp1101126d

Keywords: restitution , property , German minority , volksdeutschers , Yugoslavia , Serbia , Czech Republic , European Union

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Abstract:

The human rights and freedom corpus in contemporary international law has made topical property rights members of the German minority in Eastern and South-East European countries were deprived of during and after the end of World War II. The goal of dispossessing them of their property was to consolidate the demolished economy and plundered and destroyed national wealth on the part of the Axis powers and above all by, Nazi Germany and its satellites. Taking into account the fact that various categories of persons were dispossessed of their property and not only members of the German national minority that directly or indirectly participated in the occupation and the war of aggression against the states mentioned above, the demand for restitution of their property several decades after also opens the question of their legal and political rehabilitation and then revision of the legal and historical facts that could produce only limited institutional and legal effects within the changed sociopolitical circumstances. For the complexity of the restitution problem, an analysis should be done of the legal and historical heritage, which does not preclude examination of possible international implications, this also including negative effects that demands for restitution can have on the European integration process.

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