14 novembre 1944
juin 1950
Ordonnance du 14 novembre 1944 (J.O. du 15 novembre 1944) déterminant les premières règles à suivre concernant la restitution des bien spoliés.
Ordonnance du 21 avril 1945 (J.O. du 22 avril 1945) confirmant la nullité de droit des cessions ou liquidations de biens, droits et intérêts accomplies sous l'Occupation.
L’organisation du service reprend celle de la direction de l’aryanisation économique (du commissariat général aux questions juives) en sections et délégations régionales. Les services reprennent les dossiers de l’aryanisation économique, faisant une distinction entre les biens revendiqués et les biens non revendiqués. Ils envoient successivement fin 1945 et début 1946, 2 circulaires aux personnes spoliées, demandant des renseignements sur leurs biens et sur les administrateurs provisoires.
La direction du Blocus du ministère des Finances crée le 1er janvier 1945 le service de restitution des biens des victimes des mesures de spoliation, chargé de mettre en œuvre les dispositions réglementaires concernant la restitution des biens spoliés. Le service est dirigé par le professeur Terroine, professeur d’université et ancien résistant, qui avait été nommé dès septembre 1944 administrateur séquestre du Commissariat aux affaires juives de Lyon.
Dès novembre 1943, le Comité français de Libération nationale, à Alger, avait proclamé la nullité des actes de spoliation accomplis par l’ennemi ou sous son contrôle. Une ordonnance du 14 novembre 1944 précise les premières règles à suivre : les biens mis sous séquestre ou sous administration provisoire qui n’ont pas été liquidés doivent être restitués de plein droit à leurs propriétaires légitimes. Les administrateurs provisoires étaient tenus de rendre compte de leur gestion.
Le 21 avril 1945 une nouvelle ordonnance confirmait la nullité de droit des cessions et liquidations de biens, droits et intérêts accomplis sous l’Occupation et ordonnait la restitution du bien par l’acquéreur, à la requête du propriétaire dépossédé. De nouvelles dispositions législatives furent prises dans les années suivantes, en particulier la loi du 16 juin 1948 mettant en œuvre le remboursement des prélèvements exercés sur les personnes spoliées.
Par ailleurs, le Ministère de la Justice crée le 2 février 1945 un Service de contrôle des administrateurs provisoires et liquidateurs de biens israélites, chargé, comme le précédent service de contrôle, de surveiller la gestion des administrateurs provisoires et de recevoir et traiter les plaintes des spoliés envers leurs administrateurs provisoires.
Les restitutions des immeubles, entreprises, commerces ont été effectuées soit à l’amiable, soit à la suite d’actions en justice. Concernant les meubles, œuvres d’art, pianos, dont un grand nombre avaient été pillés et abandonnés par les Allemands ou emmenés en Allemagne, le travail d’identification fut confié à l’Office des biens et intérêts privés (OBIP) et à la Commission de récupération artistique.
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