International private law and spanish nationality

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  • Publicado : 29 de noviembre de 2010
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The purpose of private international law is to constitute the international legal relations between individuals. The legal relationship is international if there is a foreign element (or more than one). The foreign elements include:
a) The person or people involved in the legal relationship (well, if a Spanish married to a Turkishis international relations).
b) The thing that is the subject of the relationship (ex. if you give the deed of sale of immovable property in Kuala Lumpur in front of a Spanish notary).
c) The land where the legal event happens (ex. if two Spanish marry in Burkina Faso).
The quality of Aliens is always relative on a state. That is because that fact is considered domestic relationship fromthe point of view of one state, but is foreign to other countries.
The international private law tries to solve these possible conflicts between to states, because they have to agree which rule should they apply to solve that. These legal relationships can be of very different nature but to solve all of them the first we have to know is which is the personal status of the people involved in theconflict, and that means of course that citizenship is the basic element for us to be able to relate in legal terms with other people in or out of our own country. So it must exist a law which rules the citizenship in general terms, and then each state must have its own rules about that.
The concept of nationality has a character which makes its realization difficult, and that is because we have tokeep the distinction between nationality of fact and nationality of law (Between political or sociological sense of nationality). "
From a sociological standpoint, nationality means above all "a mentality formed by the confluence of one or more factors (history, race, language, religion, or geographical constraints others) which is not identified as necessary. From a legal perspective the notionof citizenship can only be established in connection with an state so it is set as the link between the state organization and the individual who identifies you as a member of its population. The legal concept of nationality engenders and shapes in relation to individuals, but by extension, the same term citizenship is used to describe the special relationship of a state with certain legalpersons and certain things (mostly ships and aircraft) very important in economic life of a country at a particular historical moment.
Nationality is configured as a quality or status of the person himself, to which all rules are applicable. So the quality of national budgets rights and obligations of the owner and the legal regime applicable to the adquisition and loss must necessarily take care ofa branch of law dealing with outside legal traffic regulation. And that’s why being a foreigner is, in essence, a negative condition that is determined by the fact of not being a national. In 2 nd place in the legal systems, such as Spanish, used nationality as a common connection point of the system conflictual, the realization of whatever nationality must be taken into account is configured as areal prius in the process of applying the rules of conflict under consideration.
Spanish citizenship
A) General characteristics
Spanish nationality is contemplated in the art. 11 EC and 17 to 26 CC. Art. 11 CE stablishes that "the Spanish nationality is acquired, retained and lost in accordance with the law". The current law about Spanish citizenship is conditional on the fact ofemigration. This circumstance determines the force with which affirms the principle of ius sanguinis (descent or lineage), as a critery for allocation of Spanish nationality. Another feature that differentiates the current regulation of nationality is the abandonment of rules that inspires the legal unit of the family. Those references to the incidence of marriage to a foreigner on nationality, which is...
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