La nationality is the link legal and belonging between one person or with a State, which implies derechos and duties between both parties crafts reciprocal.
La nationality It is the legal union of an individual with a State, which implies certain derechos but also a series of obligations Between the parts.
One of the derechos that are acquired through the nationality is the protection for part of the StateWhile legal obligation of the individual versus the State is the fulfillment of its rules.
La nationality can be understood from one point of sight clearly legal, but also from a more sociological aspect. That a person possess a nationality It does not only mean that it is obliged to follow the laws of a country, but it has to do with its identity, which implies a relationship close with the history, traditions and, in general, crafts to live, of a territorio.
Acquisition y pérdida of the nationality
Different according to the legislation in country, the variants can be summarized in four legal principles expressed in Latin:
- Ius sanguinis: right of blood. The nationality It is acquired as a result of haber born from certain parents (putting as requirement la nationality of the mother, from the father or both). It is based on family ties of race and tradition. The nationality is that of the Parents, Although hijo was born in the extranjero.
- Ius alone: right of soil. The nationality It is acquired by the place of nacimiento, independently of the nationality of the Parents.
- Ius domicili: right de customer's home. The nationality It is acquired by the place of customer's home, neighborhood o residence legal, setting certain time periods or criteria for roots as requirements (your property, work, etc.).
- Ius optandi: Law School de choose, is the power de choose to nationality different from that which is displayed; it takes place when the person You can choose between two or more original nationalities, or, what is the same, when they do not agree right of soil and the right by blood (ius soli – ius sanguinis) and you can choose from among the nationalities you have right.
Lost and statelessness
La nationality may be lost in some cases, a double may be shared nationality, and a new one can be purchased nationality, meeting certain requirements (naturalization). The stateless situation is that of someone who does not possess any nationality. United States citizens can renounce their nationality and voluntarily become stateless.
Nationality of legal persons
Legal entities have acquired personality legal under a mandate legalThere are different theories about the legal nature of these entities, but we can specifically state that legally they are persons.
La nationality It is one of the attributes of the personality. It is what is known as the state politician, the expression of the sovereignty It is understood and comprehended considering that it has a población, in which all those who form its town would be considered as nationals. Three positions have been developed in this regard, which expressly deny that a person moral can have nationality, those who accept it, and the eclectics who have saying Yes, but it is completely different from that of a person physics, since it is governed by different rules.
Nationality multiple
La nationality multiple or citizenship multiple is the status legal enjoyed by certain individuals, being recognized as nationals simultaneously by several states.
The double citizenship is condition of being citizen of two nations; it is also called double nationality, this status being more común that of nationality multiple. The right international does not prohibit any person have double or multiple citizenship.
La citizenship multiple can be acquired through the use different between two or more nations of their laws. Some countries grant the citizenship automatically in the nacimiento when one of the Parents is a compatriot (jus sanguinis) or when the person born in territorio national (ius soli). It is also given to people who marry one of their fellow countrymen. In addition, the citizenship a country can be acquire through naturalization.
Some countries see the citizenship multiple as undesirable, which is why they take legal measures to prevent it, consisting, above all, in the pérdida automatic one nationality when another is acquired voluntarily. This occurs in countries such as Azerbaijan, Japan, Singapore or Panama.
Differences between nationality y citizenship
The concept of should not be confused nationality with the one citizenship. The citizenship It is related to the derechos political and social of a person in a country determined (such as the right a vote), but count on the citizenship a country does not necessarily imply having your nationality.
You may be interested: Dominican law and nationality
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