Nationality as a connection factor
In the discussions of international law, nationality (citizenship) is considered one of the personality components. Another related concept is the personal state discussed in private international law. The orientation of nationality is determined according to how individuals, legal or physical persons are placed in different countries of the world, their spiritual materials and aspects, their political status and their original or acquired nationality through birth or marriage
The term ‘nationality’ has many legal connotations, as well as its theoretical and political connotations. For the purposes of this discussion, the term ‘nationality’ is used as defined, quite successfully, by Marida Kis: nationality is a link of public law between an individual and a country or state, according to which that individual belongs toThe people of that country or state.
As mentioned, nationality is important in several areas of the public. law. Here, we discuss nationality as a connection factor that designates the law applicable to the personal state of an individual (natural person).
The concept of origin (Origo) dates back to the Greco -Roman times, although the concepts adopted in the ancient laws and customs of Greece and Rome do not correspond to the modern terms of national (citizen) or foreign (not citizen). Anyway, the identity of a person as a "citizen" of a Greek city-state or the Roman empire meant that the private laws of that person would apply to personal state issues. The same concept of Origo resurfaced later, during the V and VII D centuries. C., When the scope of the medieval laws of the free and Germanic tribes (leges barbarorum) depended on the tribal origin of a person
The concept of nationality as we know it today appeared when modern states were created. From 1800, nationality played an important role. important role not only for the cultivation of a ‘national conscience’ and ‘state identity’, but also for reasons of immigration policy. As people were moving through continents and oceans in search of a better life, some countries, such as the United States and the United Kingdom Dom, became population influx countries, while other countries
Attempts, such as Germany and Greece, were population exit countries. Lation. Choosing nationality as a connection factor became an important political decision for the last countries of departure, since it maintained that person’s link with the homeland. Therefore, a Greek immigrant to the United States would take the Greek law with her. In the eyes of Greece ‘, the Greek law would continue to be applied as a personal law of the Greeks resident abroad. The application of the National Greek Law was considered tried to be part of the inheritance of that immigrant
That inheritance also move on to the posterity of that person. Therefore, the Jus Sanguitis system prevailed as to the acquisition of Greek nationality. A person born from Greek parents anywhere in the world would automatically acquire the Greek nationality
As a connection factor, nationality dominated the scene in the first international law of continental Europe. The norms of the law on marriage, marriage incidents, divorce, children and succession indicated the National Law (Lex Patriae), while the domicile law retained a subsidiary function, applicable only in cases of stateless or inThe rare cases of absence of spouses’ common address.
However, in the 1990s, a change in global demography began to become more evident. Population output countries, such as Greece and Italy, suddenly became. Soon, Mediterranean countries became the main entrance ports for migrants who cross Asia to Europe. Immigration and asylum laws in Greece have been amended several times in the last twenty years to deal with the new social reality.
A significant change in the Nationality Law was also made, incorporating the Doublejus soli principle. But, the rules of election of law promulgated in the Greek Civil Code of 1946, which were based on the principle of nationality, remained unchanged. Based on these rules, a Greek judge received instructions to apply the law of the nationality of a migrant, such as the law applicable to personal state issues. To determine the validity of a marriage or a will, or the existence of a divorce, or the paternity requirements with respect to a migrant in Greece, the Greek judge had to take note and apply the national law of that migrant. Soon Greek the judges had to know the Albanian law, the Afghan law, the Syrian law, the Turkish law or the law of the Sharia, as the case may be several commentators in continental Europe quickly identified the need to move away from the strict application of theNationality Law.
The truth is that the treatment given to foreigners in all countries of the world has evolved. From the stage where the foreign element was not known, in which it was treated with aggression to those who did not belong to the respective country, this then changed to the so -called hospitality to foreigners that was practiced in ancient times, then the right of Aubana appears, which was also known as Albana or Ius Albinagii was the right that was established in the feudal era, where the feudal lord recognized the inheritance of a person who was not from the dead territory, then in general, of those forms isAs the equality between national and foreigners were raised, so that they make use and enjoy the rights that belong to the specific country.
It is important to understand that the connection factors are taken into consideration and weighed by the courts and referees, when determining the appropriate law that will be applied when deciding the case or dispute.
In Latin America, countries currently have more advanced legislation in this regard, because they recognize that foreigners and nationalpretensions of foreigners exceed what are recognized in the legal system of the specific state, and if it comes to that it would be illegal.
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