LOSS OF NATIONALITY. § 20. Hungary nationality is lost- (4) By legitimation. (5) By marriage. LIBERATION FROM ALLEGIANCE. § 21. The cases of liberation shall be decided in time of peace by the minister of the interior for those who belong to Hungary and Fiume, and by the Croatian-Slavonian-Dalmatian Ban, and the chief authorities of the military frontier for those who belong to Croatia, Slavonia, and the military frontier, respectively. If the request for liberation has been acceded to, it shall be declared in the decision that the applicant is freed from allegiance. The minister-president shall be informed of such decisions for the purposes of record. § 22. Those who belong to the army and navy, or to the reserve or the supplementary reserve, can only be liberated from allegiance if they obtain a letter of dismissal from the common minister of war, or from the honvéd minister if they belong to the honvéds (national defence). Those who do not belong to the above military bodies, but are not finally freed from military service, can only be liberated from allegiance if they have already completed their 17th year of age, and are furnished with a certificate of the municipality to which they belong, to the effect that their application has not the object of liberating themselves from military service. § 23. Exemptions from the provisions contained in § 22 are made in the cases of those who desire to acquire Austrian nationality, if reciprocity is accorded by that State. Such persons can be liberated from allegiance if they furnish evidence that they fulfil all the requirements specified in paragraphs (1), (2), and (3) of § 24. This decision, however, is to be communicated to the imperial and royal Austrian ministry. 24. Liberation from the allegiance, except for the reasons provided for in § 22, can not in time of peace be refused to anybody (1) Provided that he is legally empowered to act of his own free will, or that his father consents to it, or that his guardian or curator, with the approval of the board of wards, accedes to his application. (2) Provided that he is in no arrear with any State or communal taxes. (3) Provided that there is no criminal prosecution against him in the lands of the Hungarian Crown, nor any criminal judgment against him extant and unexecuted. § 25. Application for liberation from allegiance in war time shall, on representation of the ministry in each case, be decided by His Majesty. § 26. Liberation shall be extended to the wife and, so far as the exception according to § 22 has not to take place, to those of the chil dren who are minor and under paternal power, provided that the above persons emigrate together with the applicant. § 27. Applications for liberation from allegiance have to be accompanied with the necessary documents and to be submitted to the head of the municipality ("vicegespann, burgomaster "), and in the military frontier to that district office or town council within the territory of which the parish to which the applicant belongs is situated. These authorities shall deal with such applications according to the provisions of § 10. § 28. It shall be clearly expressed in the certificate of liberation that the Hungarian subject is liberated from Hungarian allegiance, and in the case provided for in § 26 the names must be given of the wife and of those children to whom liberation is extended. § 29. On the day of the delivery of the certificate of liberation the Hungarian nationality is lost. The liberation becomes void, however, if any of the impediments provided for in paragraphs (2) and (3) of clause 24 should occur before the emigration, and it becomes also void if the liberated person has not emigrated within one year from the date of the delivery of the certificate of liberation. § 30. The authorities mentioned in § 11 are empowered to declare the loss of nationality in regard to such persons, belonging to any parish within their jurisdiction, who have without their consent taken service under a foreign State, and have not given up such service upon their demand. Notice of the decisions issued according to this section shall be given in each case to the minister-president for record. ABSENCE. § 31. Any Hungarian subject who is residing out of the lands of the Hungarian Crown for ten years without interruption, and without a commission of the Hungarian Government, or of the common Austro-Hungarian ministers, loses Hungarian nationality. The time of absence begins on the day on which the Hungarian subject has left the boundaries of the territories of the Hungarian Crown without having given notice to the competent authorities mentioned in § 9 of his intention to retain his nationality; and in case of having left with a passport, the absence begins with the last day of the time for which the passport was granted. The continuity of the absence is interrupted by giving notice to the above authorities of the intention of retaining the Hungarian nationality, by procuring a new passport, by obtaining a certificate of domicile from any Austro-Hungarian consular office, or by the entry of the name of the Hungarian subject in the register of any Austro-Hungarian consular community. § 32. The loss in this way of Hungarian nationality shall be extended to the wife living with the Hungarian subject, and to those of his minor children who are under his paternal power. LEGITIMATION. § 33. Illegitimate children lose their Hungarian nationality if legitimized according to the laws of the country to which their alien father belongs, unless the nationality of their father be not acquired in virtue of such legitimation, and they continue (after such legitimation) to be domiciled within the limits of the lands of the Hungarian Crown. MARRIAGE. § 34. Any woman who marries an alien loses her Hungarian nationality. § 35. An alien woman who marries a Hungarian subject does not lose her Hungarian nationality by becoming a widow, or by being judicially separated from her husband, or by the dissolution of her marriage. § 36. A Hungarian subject who has assumed foreign nationality shall be deemed to be a Hungarian subject so long and until he has lost his Hungarian nationality according to the provisions of this law. REACQUISITION OF HUNGARIAN NATIONALITY. § 37. Hungarian nationality is reacquired by a woman who has married a foreign subject, and whose marriage has become invalidated by the competent judicial authorities. REPATRIATION. § 38. Those who have lost their Hungarian nationality and want to be repatriated, have to comply with the requirements for the acquisition of nationality, as above mentioned, provided that the following sections do not constitute exemptions therefrom. § 39. Any Hungarian subject who has lost his nationality by liberation or absence, and has not acquired any foreign nationality, can be repatriated even if he has not returned within the limits of the lands of the Hungarian Crown. In this case the repatriated subject will belong to the parish community of which he was formerly a member. § 40. Any Hungarian who has lost his nationality by liberation or absence, and returned within the limits of the lands of the Hungarian Crown, and has become a member of any inland parish community, shall be repatriated at his request. § 41. Any Hungarian woman who has lost her nationality by the liberation of her husband, or by her marrying an alien, if she is judicially separated from her husband, if her marriage becomes dissolved, or she becomes a widow, and if she becomes a member of any home parish community, shall be repatriated at her request. 42. Any Hungarian of minor age who has lost his Hungarian nationality by the liberation or absence of his father, shall, with the approval of his guardian, be repatriated at his request, provided that his father has died, or if he has come of age according to the laws of the State of which he is a subject, and in both cases if he becomes a member of any inland parish community. $43. The request for repatriation shall, in the cases provided for in §§ 38, 39, 40, 41, and 42, be submitted to those authorities mentioned in § 9 within whose jurisdiction is the parish of which the person to be repatriated is a member. § 44. The provision of § 15, according to which naturalized Hungarians can only after ten years become members of the legislature, does not, as a rule, apply to repatriated Hungarians unless the latter have acquired Hungarian nationality by naturalization (§ 6), ten years have not elapsed since the acquisition of nationality. and FINAL REGULATIONS. 45. (Rules as to the form of registers of naturalization and liberations from allegiance to be kept by the authorities.) § 46. Naturalization and liberation from allegiance are not subject to any separate fees or dues, except the regular fees. § 47. Exceptions from this law are to be observed towards those States with which treaties are in force on this subject, in so far as such treaties contain provisions divergent from those of this law. § 48. All laws and regulations contrary to this law are hereby repealed. All those who have been living within the limits of the lands of the Hungarian Crown, even if in different places, at least for five consecutive years until the day on which this law comes into force, and are entered on the list of taxpayers of any home parish, shall be deemed to be Hungarian subjects, unless they apply within one year from the day this law comes into force to that municipality or, in the military frontier, to that district office or town council within the jurisdiction of which their last domicile is situated, and unless they prove that they have retained their foreign nationality. The ten years fixed in § 31 shall begin for those who left Hungary before the enforcement of this law from the day on which this law is put into force. § 49. The special provisions contained in this law in regard to the military frontier and its authorities have only a provisional character and are in force only until the administration of the military frontier becomes connected with Croatia-Slavonia. $50. The Government, the Minister of the Interior, the CroatianSlavonian-Dalmatian Ban, and the authorities of the military frontier, respectively, are charged with the execution of the provisions of this law. BELGIUM. [Enclosures in despatch from Mr. Wilson, minister to Belgium, August 4, 1906.] CIVIL CODE. [Translation.] ARTICLE 9. Every person born in France" of a foreigner may claim French nationality within a year following the attainment of his majority provided that if he resides in France he shall declare his intention to establish his domicile there, and that if he resides in a foreign country he shall file a petition to establish his domicile in France, and shall settle there within a year after the date of filing his petition. The declaration may be made upon the attainment of the age of eighteen years, with the father's consent; or, if there be no father, with the mother's consent; or, in the absence of both, with the authorization of the other relatives in the ascending line, or of the family, given in conformity with the conditions prescribed for marriage in chapter 1, Title V, of Book 1. 66 [ In applying the provisions of the Civil Code, the words “Belgium" and Belgian" should be substituted for “France" and "French."] The consent of the father or mother, as well as that of the other relatives in the ascending line, shall be given either verbally at the time of the declaration or in a duly executed document. Special mention of said consent or of the authorization of the family shall be made in the document drawn in evidence of the choice made. ART. 10. Every child born to a Frenchman in a foreign country is a Frenchman. Every child born in a foreign country to a Frenchman who has lost his French nationality may at any time recover by fulfilling the formalities prescribed by art. 9 [Civil Code 20]. ART. 12. A foreign woman who has married a Frenchman shall follow the status of her husband [Civil Code, 19]. ART. 17. French nationality shall be lost as follows: 1. By becoming naturalized in a foreign country; 2,a * and 3, finally by settling in a foreign country in any way without intention of returning. Settlements for purposes of trade shall never be considered as being made without intention of returning home. ART. 18. A Frenchman who has lost his French nationality may always recover it on returning to France with the authorization of the Emperor, and by declaring that he desires to settle in France, and that he renounces his claim to any distinction contrary to the French law [Civil Code 20]. ART. 19. A French women who marries a foreigner shall follow the status of her husband. Should she become a widow, she shall recover her French nationality provided she resides in France or returns thither with the consent of the Emperor, and by declaring her desire to settle there. [Civil Code 20.1 ART. 20. Persons who recover French nationality in the cases contemplated in arts. 10, 18, and 19 can not avail themselves thereof until they have fulfilled the conditions imposed by said articles, and then only as far as concerns the exercise of rights which they acquire after that time. CONSTITUTION OF FEBRUARY 7, 1831. [Translation.] ART. 4. Belgian nationality is acquired, retained, and lost according to the provisions established by the civil law. [Civil Code, 7, 9, 10, 12, and 17 to 20.] The present constitution and other laws relative to political rights determine what, besides such nationality, are the necessary requisites for the exercise of these rights. ART. 5. Naturalization is accorded by the legislative power. Grand ("grande ") naturalization alone places a foreigner on an equality with a Belgian for the exercise of political rights. ART. 133. Foreigners who settled in Belgium before January 1st, 1814, and who have since continued to have their domicile there, are [a Abrogated by law of June 21, 1865.] |