المركز القانوني لِمُكْتَسِبْ الجنسية العراقية دراسة تحليله تأصيلية مقارنة

عبد العالي الاسدي, أ.د. علي

doi:10.63677/jqlap.2021.180362

	المركز القانوني لِمُكْتَسِبْ الجنسية العراقية دراسة تحليله تأصيلية مقارنة
AL-Qadisiya Journal For Law and Political Sciences
Volume 12, المؤتمر العلمي الدولي الافتراضي الاول لطلبة الدراسات العليا في كليات القانون, April 2021, Pages 71-163 PDF (5.94 M)
DOI: 10.63677/jqlap.2021.180362
Author
أ.د. علي عبد العالي الاسدي
AL-Qadisiya Journal
Abstract
Nationality is defined as a legal and political bond between a person and a state, and accordingly the person has a new legal status in relation to the state whose nationality he acquired, resulting in a set of effects that are taken preceded by his consideration as a national, and he is matched by those who do not enjoy the state’s nationality, who is a foreigner, and this distinction is of great importance that is reflected in At the international and domestic levels, in terms of rights and duties, the patriot shall have the right to enjoy political rights, enter the state’s territory, leave it and reside in it without having, in principle, deport him from it, and the right to enjoy the protection of his country's representatives abroad, and he alone must perform military service and pay some financial costs.And if nationality is the main means of differentiation between a national and a foreigner, then does the mere acquisition of it mean that the person who acquired it becomes the legal status of the patriot on the same footing as other patriots born of two parents, a national father or a national mother, or those who acquired it a certain time ago? Jurisprudence and legislation prevail in two directions, one of which is likely to go to a full settlement between the national and the person who acquires the nationality once it is acquired from that Article (8) of the repealed Egyptian Nationality Law No. (19) of 1929 which states that (naturalization entitles the holder to the status of Egyptian nationality) and the negatives There is a lot to do with this trend, as the current Egyptian nationality law has been revoked. He also adopted this trend as a general rule, paragraph (first) of Article (9) of the current Iraqi Nationality Law.Whereas, the most likely trend, in jurisprudence and legally, is that the state is an organized group of people who belong to it, by the blood bond by birth to a father or to parents who carry their nationality, or by the birth bond on its region, or by both, and according to certain conditions. As a guardian of it, he has some rights and some duties, but he does not enjoy the rights and duties enjoyed by the original patriot once he acquires the nationality of the state.For the purpose of finding out the legal status of the acquirer of Iraqi nationality, the rights he enjoys, what these rights are and how to enjoy them, and the duties that he has in accordance with the current Iraqi nationality law, the extent of the rightness of the Iraqi legislator, its consistency with other Arab legislations, and distinguishing it between those who acquired Iraqi nationality Not treating them equally, not referring to some sects of those who acquired Iraqi nationality in this field, and the inconsistency of some provisions of Iraqi nationality in this area with the Iraqi constitution, and the failure to address this issue with study despite its great importance due to its attachment to the rights and duties of the most important element of the state, which is the people. Which prompted us to address it with an original analytical study. We have decided to study it in two studies, the first of which is devoted to the individual legal effects of acquiring Iraqi nationality, and we examine the extent to which the acquisition of Iraqi nationality enjoys rights and political obligations and civil rights and obligations in two applications. We singled out the second topic to study the collective legal effects of acquiring Iraqi nationality, and in it we deal with the effect of one of the spouses’s acquisition of Iraqi nationality on the nationality of the other spouse, and the acquisition of Iraqi nationality by children who are not of adulthood according to their father in two demands as well. We conclude our study with a conclusion, which we will include the most important results and proposals ... God is the Grantor of success
Keywords
Nationality; Personal Status Law; Iraqi Nationality Law; Iraqi Civil Law

Statistics Article View: 967 PDF Download: 77