
After the division
Up to 1949, the Western military governments issued regulations in their occupation zones granting persons persecuted under National Socialism a right both to compensation and to the return of their property. The 1949 restitutionReturn of confiscated property to its rightful owners or their heirs. decree regulated restitutionReturn of confiscated property to its rightful owners or their heirs. in kind. The Federal Republic of Germany subsequently created mechanisms for Rückerstattung (restitutionReturn of confiscated property to its rightful owners or their heirs.) and Entschädigung (compensation). Rückerstattung was intended to offset material damage and, ideally, to ensure the return of property. Entschädigung also referred to the non‑material harm inflicted through persecution and disenfranchisement by the National Socialist state.
In the Soviet Occupation ZoneAfter the German Reich surrendered on 8 May 1945, its territory (within its pre-war borders) was divided among the four victorious powers, creating American, British, French, and Soviet occupation zones, also known as sectors. More/GDR, the compensation for material losses or persecution‑related damage differed fundamentally from both the regulations and the underlying understanding of these issues in the Federal Republic. Property stolen during the National Socialist period that had come into state ownership generally remained as “Volkseigentum” (people’s property). In addition, the GDR established a hierarchy of victims, which also affected the granting of state support. “Kämpfer gegen den Faschismus” (fighters against fascism) – mostly those persecuted for political reasons or active members of the resistance – were given preferential treatment compared to the “Opfer des Faschismus” (victims of fascism). Only those living in the GDR could receive victim pensions or cures.

RestitutionReturn of confiscated property to its rightful owners or their heirs. in the Federal Republic of Germany
1949: Rückerstattungsanordnung (RestitutionReturn of confiscated property to its rightful owners or their heirs. Decree) (BK/O (49)):
On 26 July 1949, the Allied Kommandatura issued the order that all identifiable assets were to be returned to persons persecuted under National Socialism. In the Rückerstattungsanordnung (RestitutionReturn of confiscated property to its rightful owners or their heirs. Decree), the assets were defined as “Sachen und Rechte” (objects and rights). These had to be handed over to the original owners and their legal successors.
Compensation in the Federal Republic of Germany
1953: Bundesentschädigungsgesetz (Federal Compensation Act):
Under the Bundesentschädigungsgesetz persons persecuted under National Socialism or their relatives had the right to submit applications for financial Entschädigung in the following categories:
Damage to life, Damage to body and health, Damage to freedom, Damage to property, Damage to professional advancement, Damage resulting from the loss of insurance and pension benefits.
Entschädigung consisted primarily of pensions and financial compensation for loss of earnings, as well as medical care.
RestitutionReturn of confiscated property to its rightful owners or their heirs. in the Federal Republic of Germany
1957: Bundesrückerstattungsgesetz (Federal RestitutionReturn of confiscated property to its rightful owners or their heirs. Act) :
The Bundesrückerstattungsgesetz regulated “Wiedergutmachung” (reparation). At the Wiedergutmachungsämter (RestitutionReturn of confiscated property to its rightful owners or their heirs. Offices), persons persecuted under National Socialism could apply for the restitutionReturn of confiscated property to its rightful owners or their heirs. of property that had been stolen from them during the National Socialist period. This did not concern general Entschädigung, but the return or compensation of specific assets. This also included art and cultural property.
In rare cases, the objects were returned. Usually, applicants received a payment as compensation for damages.
Summary
Of the amounts paid out under the various procedures, three‑quarters had been allocated to the Bundesentschädigungsgesetz (Federal Compensation Act) by 1998, as this law generated ongoing payments such as pensions. However, the total sum bore no relation to the damage and suffering inflicted. Most art and cultural objects were never returned to those who had been robbed of them. The search for these objects and the efforts to secure their return continue to this day.
The reality of “Wiedergutmachung”
The terms “Wiedergutmachung” and Entschädigung quickly came under criticism. They can create the impression that the injustice inflicted on people could be “wiedergutgemacht” (made good again), that victims could be entschädigt (compensated) for = damage to their health or the murder of relatives through monetary payments – and that the German state or German society could thereby “reinwaschen” (wash itself clean) of its guilt and responsibility.
Major gaps in justice can also be observed in the way the West German authorities dealt with survivors and their descendants during the procedures. Discrimination against certain victim groups, moreover, continued:

- The burden of proof lay with the applicants. They had to engage again with German bureaucracy, which had previously played a central role in their persecution.
- The loss in value of objects was rarely acknowledged. Valuations from the time of the seizure were often used as the basis for determining value, or the same experts were consulted who had already appraised stolen artworks during the National Socialist period.
- There were strict formal requirements (e.g., application deadlines) that had to be met when submitting claims; otherwise, applications were rejected. Many persecuted persons or descendants living abroad had to rely on long and slow postal routes.
- Many procedures dragged on for years or decades. Some people died before a decision on their Entschädigung was reached and corresponding payments or the return of objects were made.
- High legal fees placed an additional burden on survivors.
- Some victim groups were excluded from the regulations, including those persecuted by the National Socialists as “AsozialeIn National Socialist terminology, the term “Asoziale” (asocial individuals) was used to describe social outcasts and minorities who were deliberately excluded from society and persecuted, including people labelled at the time as “homeless,” “beggars,” and “vagrants,” as well as large families from poorer social backgrounds. More” (asocial individualsIn National Socialist terminology, the term “Asoziale” (asocial individuals) was used to describe social outcasts and minorities who were deliberately excluded from society and persecuted, including people labelled at the time as “homeless,” “beggars,” and “vagrants,” as well as large families from poorer social backgrounds. More) and “BerufsverbrecherDuring the National Socialist period, the term “Berufsverbrecher” (professional criminals) was used to refer to people who had committed repeated offences. More” (professional criminals), as well as homosexuals. Sinti and RomaDuring National Socialism, Sinti and Roma were racially persecuted as “gypsies”. continued to be regarded as “kriminell” (criminal) even after 1945 and were discriminated against through the lack of recognition of their persecution and annihilation.
Important sources

As inadequate as the procedures for “Rückerstattung” (restitutionReturn of confiscated property to its rightful owners or their heirs.) and “Entschädigung” (compensation) were – and still are – the files created in this context are important sources. They document the theft of financial assets and objects retrospectively from the perspective of those persecuted or their families. In addition to biographies of persecution, these documents often contain more detailed information on art and cultural property. Cross‑references to these post‑war documents are frequently found in the files of the Vermögensverwertungsstelle (Asset Realisation Office).
To understand the forms of dispossession during the National Socialist period even more precisely, and to return as many artworks as possible to the families of those who were robbed, all these documents are therefore significant sources. They provide valuable information for further research into the paths and whereabouts of the artworks, as well as into the biographies of the people concerned. In several cases in this exhibition, access to the Wiedergutmachungsakten (reparation files) made it possible to return artworks to the descendants of those who had been robbed.













