WYŁĄCZENIE OSÓB NARODOWOŚCI NIEMIECKIEJ Z GRONA UPRAWNIONYCH OKREŚLONYCH W PROJEKCIE USTAWY O ŚWIADCZENIACH PIENIĘŻNYCH PRZYZNAWANYCH NIEKTÓRYM OSOBOM, KTÓRYCH DOTYCZYŁY PROCESY NACJONALIZACJI
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Date
2009
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Wydział Prawa i Administracji UAM
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EXCLUSION OF GERMAN NATIONALS FROM THE ENTITLEMENTS PROVIDED IN THE BILL ON MONETARY BENEFIT FOR CERTAIN PERSONS AFFECTED BY NATIONALISATION PROCESSES
Abstract
In this paper the author looks at the legal status of post-German property in Poland in the light of
the bill on monetary benefit for certain persons affected by nationalisation processes, and analyses
international law acts under which Poland acquired that property.
Special attention has been given to the Treaty of Potsdam of 2 August 1945 and the Polish-Soviet
agreement of 16 August 1945 which regulated the manner of reparations for war damages caused by
Nazi occupation in Poland. The provisions of those two documents and resulting from them status quo
were later confirmed by subsequent acts of international law.
The territorial cession endorsed by the UK, the USA and the USSR in Potsdam, resulted in
Poland receiving a portion of East Prussia, in consequence of which post-German property, free from
encumbrances, has become property of the State Treasury. It is claimed in the paper that the Treaty of
Potsdam should be recognised as pactum in favorem tertii.
The Polish-Soviet agreement on German reparations should also be considered as a direct legal
instrument of international application concerning the execution of constitutive provisions of the
Treaty, in which the legal status of former German property was unambiguously defined.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 71, 2009, z. 4, s. 77-94