چکیده:
Purpose: The present article studies the issue of nationality in Iran’s law and then analyze the conflict of nationality and seeks for international solutions. Methodology: The present research is applied in terms of purpose and content analysis method. In the organization of research, the documentary and library methods have been used and the information analysis has been obtained qualitatively and based on the inference of the researcher on the sources and texts. Findings: A positive conflict of nationality laws occurs when a person has two nationalities at the same time, and a negative conflict of nationality happens when no state treats a person as its own national. As a solution to the positive conflict of laws, the Iranian government states that a person who acquires a new nationality without the permission of the government is recognized as Iranian national, and he will be recognized as a foreigner if the request for foreign nationality is accepted. However, they have retained the right to withdraw the nationality of their own state if they have acquired a foreign nationality without the permission of the government. Conclusion: In the context of the negative conflict of nationality, the Iranian governments, under the title of repayment, granted the right to their former national to return to their primary nationality. Regarding the positive conflict of nationality, Iran and the majority of international tribunals consider that the person is a national of the state whose nationality is dominant and effective.
Purpose: The present article studies the issue of nationality in Iran’s law and then analyze the conflict of nationality and seeks for international solutions. Methodology: The present research is applied in terms of purpose and content analysis method. In the organization of research, the documentary and library methods have been used and the information analysis has been obtained qualitatively and based on the inference of the researcher on the sources and texts. Findings: A positive conflict of nationality laws occurs when a person has two nationalities at the same time, and a negative conflict of nationality happens when no state treats a person as its own national. As a solution to the positive conflict of laws, the Iranian government states that a person who acquires a new nationality without the permission of the government is recognized as Iranian national, and he will be recognized as a foreigner if the request for foreign nationality is accepted. However, they have retained the right to withdraw the nationality of their own state if they have acquired a foreign nationality without the permission of the government. Conclusion: In the context of the negative conflict of nationality, the Iranian governments, under the title of repayment, granted the right to their former national to return to their primary nationality. Regarding the positive conflict of nationality, Iran and the majority of international tribunals consider that the person is a national of the state whose nationality is dominant and effective.
خلاصه ماشینی:
In this regard, Article 984 of the Civil Code considers the effect of acquiring Iranian nationality on the nationality of a woman and a child and states that: "The wife and minor children of those who obtain Iranian nationality in accordance with this Act will be recognized as Iranian nationals.
C) According to Paragraph 5 of Article 976 of the Civil Code, Persons born in Iran of a father of foreign nationality who has resided at least one more year in Iran immediately after reaching the full age of 18 are Iranian nationals.
Acquisition of Nationality: A) According to paragraph 7 of Article 976 of the Civil Code, every foreign who has obtained Iranian nationality is recognized Iranian; in this paragraph, the person is not obliged to abandon his original nationality to acquire the new nationality, and this is a common case of double nationality.
Article 984 of the Civil Code stipulates that the wife and minor children of those who obtain Iranian nationality in accordance with this Act will be recognized as Iranian nationals, but the wife can submit, within one year of the date of issue of nationality papers to her husband, and the minor children can submit, within one year after reaching the full age of 18, a written declaration to the Ministry of Foreign Affairs accepting the former nationality of her husband or the father as the case may be, provided, however, that the certificate mentioned in Article 977 is attached to the declaration of the children whether male or female.