Beiträge zur Rechtsgeschichte Österreichs 2 / 2017, pp. 269-280, 2017/12/20
Privatrecht in unsicheren Zeiten
Zivilgerichtsbarkeit im Nationalsozialismus
Much has been written about the process of Austrian “aryanisations”; this paper, however, aims to describe how “aryanisations” are reflected in the civil judicial decisions of the Regional Court of Vienna (Landgericht Wien) from the Nazi period. For that purpose, 28 court files were analysed, of which 13 resulted in a court ruling. The paper concerns exclusively the “aryanisations” of sole proprietorships and points out the most common difficulties and questions arising from the transfer of “Jewish” assets into “Aryan hands”. This includes, for instance, the uncertain effects of National Socialist provisions in civil court procedures, the intervention of the Property Transactions Office (Vermögensverkehrsstelle) and its impact on the price agreement of the parties, as well as the question of the legal basis of “aryanisations”. It is demonstrated that the economic interests of the National Socialist state were respected by the courts and that its institutions and regulations were taken into account and included in the decision-making practice of the Regional Court of Vienna (Landgericht Wien). The work concludes that – based on the small sample of decisions analysed – there was nevertheless a basic tendency to adhere to the traditional principles of civil law, specifically private autonomy and the sanctity of contracts, in litigations involving “Jewish” and “Aryan” individuals.
Keywords: civil contracts – compulsory sales – systematic exclusion of “Jews” from businesses and society – interventions of administrative authorities – Jewish assets managed by temporary administrators – Property Transactions Office (Vermögensverkehrsstelle)