The principle of property law is that assets must be returned to the former owners or their heirs. However, this principle of restitution is broken in favour of the honest purchasers of property or rights of use in rem (for example, in the so-called "home builder" cases) as well as in those cases where the return is excluded for factual or legal reasons.

If the return is not possible, the previous owner is entitled to compensation. In principle, he could also choose compensation instead of return. Details, in particular the amount of compensation, are regulated in the Compensation Act and, for victims of Nazi persecution, in the Nazi Persecuted Persons Compensation Act.