Historical reparation regimes
Historical reparation regimes are established after past events or situations of general scope, such as dictatorships, genocides, and confiscations, which are recognized as deserving reparation in favor of their victims or their heirs, whether by the State or by private entities that assume responsibility for what occurred. By the very nature of these systems, the passage of time since the events occurred often means that the direct victims are no longer alive, thus giving rise to a right in favor of their heirs, or even the heirs of the heirs.
There are numerous systems that granted compensation, indemnities, or directly the restitution of the very property previously confiscated, as historical reparation in favor of the victims. Among others, the following may be mentioned:
– Class action in the United States to require Swiss banks to return funds belonging to victims of the Nazi Holocaust.
– In Argentina, Law No. 24,043 on compensation for victims of the military dictatorship, which was extended several times with respect to the deadline for filing the claim.
– In the Czech Republic, the Law of April 23, 1990, which in Article 2 (1) (b) declares null and void all property confiscations from the communist era, returning property rights to the owners at the time of the confiscation.
– In West Germany, the restitution law of September 18, 1953 and subsequent laws, aimed at repairing the confiscations and damages caused by the Nazi regime.
– In France, the Commission for the Compensation of Victims of Spoliation, to repair the confiscations carried out between 1940 and 1944 on the basis of antisemitic rules enacted during the Vichy regime.
– In the United Kingdom, the Restore UK system implemented by the British Bankers’ Association, to restore bank accounts that were frozen during World War II and have remained unclaimed since then.