Sprache:
Französisch
Erscheinungsjahr:
2022
Titel der Quelle:
Tsafon; revue d'études juives du Nord
Angaben zur Quelle:
84 (2022) 21-38
Schlagwort(e):
Holocaust, Jewish (1939-1945)
;
World War, 1939-1945 Destruction and pillage
;
Jewish property History 20th century
;
Jews Legal status, laws, etc. 20th century
;
History
Kurzfassung:
The article intends to provide a historical and critical analysis of the legal concept of spoliation in France as applied to the context of the policy of anti-Semitic persecution and expropriation in France during the German occupation. To this end, the author outlines the evolution of the interpretation and application of this concept in positive law from the end of the war to the present day. The study will show that even if a legal definition of the concept exists since the Liberation of France, the concept has not known a lasting stability. Today, far from having a clear and precise meaning, the concept refers rather to a standard of law. The concrete interpretation of the concept thus depends essentially on the legal text enshrining it and the context of its application. Over time, the concept has thus given rise to divergent interpretations. As a result of the parallel existence today of several mechanisms for reparation of antisemitic spoliations, there may be divergent interpretations that compete with each other and thus risk compromising the stability and consistency of the concept itself.
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