THE PRINCIPLES OF THE DEPENDENT AND INDEPENDENT NATIONALITY OF SPOUSES: ADVANTAGES AND DISADVANTAGES
Journal Title: Ius Humani. Revista de Derecho - Year 2018, Vol 7, Issue 11
Abstract
On marriage issues, many countries have espoused the independence of nationality policy, that is, they accept neutral effects of marriage on nationality. We don’t see the point of bestowing nationality on an alien woman who has married a national man but lives abroad. The ratio of countries in favor of dependent nationality to those in favor of independent nationality is one to three. So, there are only a few countries left still pursuing a policy of forcing husbands’ nationality upon alien women on an unconditional basis. The main question in this paper is: Should the nationality of one spouse be imposed on the other one, making them both subjects of one State? After an introduction (chapter Ⅰ), we analyze the theory of the unity of nationality and the theory of independent nationality (chapter Ⅱ). In chapter Ⅲ we see international documents on the theories of dependent and independent nationality. Finally, we take care of the present situation of the world in respect to nationality laws and then we resume some conclusions; the main one is that some political approaches seems to discriminates between national and foreign women.
Authors and Affiliations
Seyyed Mohsen Hashemi-Nasab Zavareh, Elham Ghaffarian, Naser Ghamkhar
Keywords
Related Articles
- EP ID EP36108
- DOI https://doi.org/10.31207/ih.v7i0.187
- Views 449
- Downloads 0
RELIGIOUS PERSECUTION ON XXI CENTURY
All kind of persecutions are deplorable acts, especially those targeting religious groups, because it limits the freedom of the human being in his relationship with God. Unfortunately, the universal history shows us that...
RELATIONSHIP BETWEEN THE GUARANTEE AND PUNITIVITY IN THE CRIMINAL CODE
The objective of this article is to determine the need for the existence of a punitive and a guarantor party within the Integrated Criminal Code, starting from the study of the doctrinal updating in criminal matters with...
LA PAZ DEL MUNDO Y LA PERSPECTIVA ISLÁMICA
World peace as an ideal situation associated with freedom and prosperity refers to a situation in which all the people of the world work together to avoid war and violence. This article is aimed at analyzing the format...
ECUADORIAN CRIMINAL APPEAL
This paper presents in a didactic way the thesis, the application procedure and the consequences of a criminal appeal in Ecuador. Develops carefully whether and in what areas it should bring this action. It also inclu...
NULLITY AND INEXISTENCE OF LEGAL ACTS IN ECUADORIAN LAW.
Inexistence and nullity of juridical acts are basic institutions in Ecuadorian Law. These are two different categories that have in common the chasing of the invalidity of the juridical acts that didn’t form according to...