Studying the effectiveness of citizenship change in marriage with foreign nationals and vice versa in the light of private international law
Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:
Marriage and citizenship are described in the category of personal relationships that fall under the realm of private law. Each of the countries and international conventions have established different laws based on the theories of unity, total independence and relative independence of citizenship of couples. The method of Iran's civil law is "unity of family citizenship" and the preference of the husband's citizenship over the wife's citizenship and even the preference of the citizenship derived from the paternal lineage over the citizenship derived from the maternal lineage. According to Article 976, Clause 6 of the Civil Code, "Any woman who is a foreign citizen who is married to an Iranian husband is considered a citizen of Iran."According to Article 987 of the aforementioned law, "Any Iranian woman who marries a foreign citizen will retain her Iranian citizenship, unless according to the law of the country of the spouse, the husband's citizenship is imposed on the wife due to the marriage contract." Examining the citizenship of a married woman is important from an international point of view, whether it is different judicial systems and different principles that each government has accepted and established for its nationals, in general, the situation of husbands and wives who marry from different countries. It affects and both during married life and during the dissolution of the marriage contract, it creates transformations that can be examined in terms of the conflict of laws and brings different results, the analysis of these results is important.
Keywords:
Language:
Persian
Published:
Journal of North Khorasan Disciplinary Knowledge, Volume:9 Issue: 36, 2023
Pages:
1 to 19
https://magiran.com/p2659159
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