Nationality conflicts in private international law

The  conflicts of nationality are one of the objectives of resolution of the Law School Diversification private, The nationality in itself is object of study of the Law School constitutional.

These conflicts of nationality are resolved in the Dress Law International Private, known as Dress of Bustamante its Author, the jurist Cuban Antonio Sánchez de Bustamante. For the countries that have not signed it, it has the value de Principle Law International.

It is considered a conflict de nationality those situations in which an individual is attributed different nationalities or to whom no one State grants you saying linkFrom the above we can distinguish two kinds of conflict: one called positive which consists of the claim of grant various nationalities from different States and others negative in which the nationality does not exist.

El conflict positive It is commonly known as double nationality. Plurinationality is the result of the diversity of systems that States use to grant la nationality to an individual: the contrast across jus alone and jus sanguinis, the different emphasis on its sociological or legal nature, the lack de agreement Among the elements that are taken into consideration for its acquisition and for your pérdidaThe tendency to expand the number of subjects also contributes to this.

El conflict negative de nationality commonly referred to as stateless, exists when no person State grants its nationality to certain individuals. It is a problem that affects a large number of individuals considered as foreigners by all States, and who suffer positions at a disadvantage compared to them, since they lack documents of identification and traveling.

Litigation, Arbitration of the conflicts of nationality

El Dress Bustamante distinguishes:

• If the nationality of the state judge is one of the nationalities in conflict: The judge must apply the lex fory (on law).
• If the nationality of the state judge is not one of the nationalities in conflict: We must distinguish between person natural y person legal:
  • Human natural: Again, we must distinguish according to the nature of the conflict de nationality:
    • Nationality Gone girl: The judge must apply the law of the State of the nationality which is presumed lost.
    • Nationality recovered: The judge must apply the law of the State of the nationality which is presumed to have been recovered.
    • Nationality Acquired: The judge must apply the law of the State of the nationality which is presumed to be acquired.
    • Nationality originally: It is necessary to distinguish:
      • If the person is domiciled in a State Cuya nationality is dispute: The rules of apply nationality of the customer's home of the person.
      • If the person is domiciled in a State Cuya nationality it's not in dispute: The principles on which the rules of the law are based must be applied. nationality of the State judge.
  • Human Legal: It is necessary to distinguish whether treats of legal persons right private with or without purpose profit.
    • Without purpose of profit: we must subdistinguish:
      • Corporations and Foundations: They have the nationality of the State that authorizes or creates them.
      • Associations: They have the nationality of the State that authorizes them.
    • For the purposes of profit: (Companies) They have the nationality established in the deed de Constitution, subsidy, in the place where its general management operates or property matrix.