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I. Legal Circumstances

1. The German Reich did not founder, it continues to exist

Reasons:

This has been recognised by the Federal Constitutional Court as well as in other national and international jurisdictions. The Federal Republic of Germany is not the legal successor of the German Reich: Decision of the Federal Constitutional Court of July 31, 1973, concerning the foundation contract between the FRG and the GDR – excerpt – pertinent section:

“It is recorded (see BVerfGE, 1956-08-17, 1 BvB 2/51, BVerfGE 5, 85 [126]), that the German Reich has survived the collapse of 1945 and did not founder, neither with the capitulation, nor through the exercise of foreign powers in Germany by the Allied Forces, nor at a later date; it continues to maintain legal capability, but due to the lack of organisation is not able to act as a sovereign state. The FRG is not the “legal successor” of the German Reich, but identical to the German Reich as a state, however, in respect to its territory only partially identical.”

pdfklein German Original

last modified: Thursday, December 19, 2002

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