The ways of acquiring acquired citizenship and the gaps in it based on the principles governing citizenship and laws in Iran with a comparative study in the French legal system.

Mohammadi, Abdolali; Taleby, Sodabe

doi:10.48300/jlr.2024.459868.2658

The ways of acquiring acquired citizenship and the gaps in it based on the principles governing citizenship and laws in Iran with a comparative study in the French legal system.

Articles in Press

Document Type : Original Article

Authors

abdolali mohammadi ¹

Sodabe Taleby ²

¹ Associate Professor, Department of Private Law, Faculty of Humanities, Varamin Pishva Branch, Islamic Azad University, Tehran, Iran.

² PhD student in private law, Faculty of Humanities, Varamin Peshwa Branch, Islamic Azad University, Tehran, Iran.

10.48300/jlr.2024.459868.2658

Abstract

The meaning of acquired citizenship is that type of citizenship that is given to a person after birth, which can be achieved either forcibly or voluntarily. In the present study, the methods of acquiring citizenship in Iran and France and the challenges and gaps in acquiring acquired citizenship in the two mentioned countries have been discussed with the approach of the principles governing citizenship and existing laws in both countries. The results of the research show that the citizenship status of the children of Iranian women married to foreign men is ambiguous in the Iranian legal system, but this problem does not exist in the French legal system due to the transfer of citizenship to these children through the French mother. In the Iranian legal system, imposing the citizenship of a foreign woman In case of marrying an Iranian man, citizenship is given due to the unity of the family, but in France, the independence of the citizenship of the couple is established, dual citizenship is accepted in France, but the Iranian legal system is silent on this matter. Regarding the citizenship of adopted children and refugees and the applicant's language and cultural and social information, French laws are more complete than Iranian laws, but there is a gap in Iran's legal system regarding the mentioned cases.

Keywords

nationality

acquired citizenship

challenges and gaps

Iranian law

French law