Nationality disputes under the Iraqi Nationality Law No. 26 of 2006
Abstract
Nationality is an important and precise subject on which the legislator and jurisprudence in all countries studied. He has studied his proof, principles and rules, and nationality is a political-legal bond that binds a person to a state and makes him one of its people. And to achieve the objectives of this study and the specificity of the subject in that it addresses the subject of nationality and its importance at the international and internal levels, so we will rely on this research, God willing, comparative analytical method.The research on disputes in nationality raises several questions, including:1. What is the jurisdiction that separates the disputes of nationality?2. Among them is the question of proof the nationality and the problems of proof and the law governing these matters.3. Finally, there are disputes of a different kind related to the same nationality, its multiplicity, its absence, thereof, the person may have more than one nationality, Iraqi nationality may be one of the nationalities before the judiciary of multiple nationalities, and this person may not have any nationality, what is applicable law In both cases.For this reason, we will divide this study into three topics. And in the second part: proof of nationality and applicable law. The third topic deals with the law applicable to multiple nationalities or their absence.
References
- Arab and foreign laws:A. Arabic:27. Iraqi Nationality Law No. 26 of 2006.28. Iraqi Nationality Law No. 43 of 1963.29. Iraqi Nationality Law No. 26 of 1942.30. Iraqi Civil Code No. 40 of 1951.31. Saudi Civil Law No. 4 of 1968.32. Algerian Civil Code No. 70-86 of 1970.33. The Tunisian Civil Law No. 87 of 2005.34. Tunisian Nationality Law No. 4 of 2002.35. Algerian Nationality Law No. 154 of 2004.36. The Moroccan Nationality Law 6-62 of 2007.37. Kuwaiti Nationality Law.38. Egyptian Nationality Law No. 26 of 1975.39. Syrian Nationality Law No. 276 of 1969.40. Kuwaiti Nationality Law of 1959.
- B- Foreigner:23. Batifel (H) et Lagarde (P), Droit international prive, Tome I '7e e'd. L.Q.D. 1 Paris, 1981.24. Loussouran (Y.) et Bourel), Droit international prive, 6e ed., Dalloz, Paris, 1999, Mayer (Droit international prive, 5e ed., Montechestien - DELTA, Paris, 1996).25. Lagard, 1epricipe de proximite dansle droit international prive, 1986.26. J. Plaborde, La pluralite du point de rattaement dans.'Application de reglede conflit, these Bordeanx 1981 No 830 et; loic Darras.
- B. Foreign Laws:43. The French Nationality Act of 1945.44. The French Nationality Act of 1973.45. Portuguese Nationality Act of 1981.46. Universal Declaration of Human Rights of 1948.