Comparative Study of Nationality Transfer by Marriage in the Legal Systems of Iran and France

Abstract

The aim of this study is to conduct a comparative analysis of the transfer of nationality through marriage in the legal systems of Iran and France. Given that nationality and its governing laws are inherently tied to the economic, social, and political conditions of societies, nationality laws exhibit a dynamic and evolving nature according to these conditions. Member states of the European Union, especially due to shifts in immigration policies, have consistently revised and amended their nationality laws. In contrast, Iran’s nationality laws have not undergone significant transformation since their enactment nearly a century ago. European countries have developed and implemented various models of the jus soli system, which have successfully met the needs of migrant foreigners while enhancing their social integration and adaptation to national social norms. A comparison of the jus soli provisions stipulated in Article 976 of the Iranian Civil Code with those of European Union member states reveals that making the acquisition of Iranian nationality by children born in Iran to foreign parents contingent on the unknown status of the parents’ nationality (Clause 3) may, in some cases, lead to statelessness. In contrast, it is preferable—following the model of European countries—to grant Iranian nationality in all cases where the denial of such nationality would result in statelessness.