چکیده:
International cooperation and voluntary or compulsory human movements across international borders raise numerous issues, one of the most important of which is the issue of birth and citizenship in the destination country. Citizenship by birth, especially in cases where citizenship is disputed due to the residency status of foreign parents or the use of travel documents from other countries, is an important legal challenge that has recently been the subject of many lawsuits in Iran. This study examines the issue as to whether having a passport of a country means having the citizenship of that country. Given that citizenship by birth, based on the territorial system, is either imposed or elective, if a person born in the destination country obtains a passport of the country of origin or a third country, does this act mean renouncing the citizenship of the country of birth or not. The present study uses a descriptive-analytical method on a comparative analysis level to study this issue in the common law system and Iranian law and subjects the existing approaches to critique and examination. The research findings indicate the existence of two different approaches to this issue; an approach that considers the passport as evidence for citizenship of the country of issue or a renunciation of citizenship of the country of birth, and an approach that considers the passport as merely only indicating a presumption of citizenship. This study indicates that the approach that considers the passport only a rebuttable presumption of citizenship and is more consistent with the nature of the passport and with numerous other legal principles. In comparative law and the judicial practice of courts, there are two prevailing views on this matter: one view holds that possessing a passport constitutes evidence or an indication of renunciation of nationality, with one of the main reasons being the creation of dual nationality for the individual; the other view maintains that holding a foreign passport does not imply renunciation of nationality. The main reasons supporting this second view include: the passport being primarily a travel document, the necessity of proving the intention to accept foreign nationality, effective nationality, de facto nationality, lack of legal capacity, the non-application of nationality rules to individuals under 18 years holding a passport, principles of acquired rights and legitimate expectations, the ineffectiveness of acquiring nationality after the legal deadline, non-abandonment of nationality, the prohibition of revocation of nationality, and the fact that a passport is a condition for legal residence and the exercise of civil rights. Given these reasons and supporting evidence, it appears that the second view—namely, that merely possessing a foreign passport does not indicate renunciation of Iranian nationality—is more consistent with the legal principles of Iran, other countries, and international instruments.
خلاصه ماشینی:
Volume 8 | Number A comparative study of the effect of a foreign passport on nationality arising from birth in Common Law and Iranian Law with a judicial precedents approach Abdolazim Khoroushi Omid Tavakoli Kia Assistant Professor of the Department of Law, Hakim Sabzevari University, Sabzevar, Iran (Corresponding Author) a.
Their most important reasons are: the nature of the passport as a travel document, the necessity of proving the intention to accept nationality, effective nationality, de facto nationality, lack of capacity and the non-applicability of nationality regulations for persons under 18 years of age who hold a passport, the principles of vested rights and legitimate expectations, the ineffectiveness of accepting nationality after the legal deadline, the prohibition of abandoning nationality, the prohibition of deprivation of nationality, and the fact that a passport is a condition for legal residence and the enjoyment of civil rights.
This research, using a descriptive-analytical method and library resources, aims to answer the following question: if these individuals, after reaching the age of 18 full years, without submitting a written request to the Iranian Ministry of Foreign Affairs regarding the acceptance of their father's nationality or remaining with their father's nationality, obtain a foreign passport (which is usually the passport of their father's country of nationality) for the purpose of exercising certain civil rights, such as marrying an Iranian woman, obtaining a university degree, or even traveling, does such an action constitute a renunciation of Iranian nationality and the acceptance of a non-Iranian nationality?
(
, 
, 
)
