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Volume :47 Issue : 181 2021      Add To Cart                                                                    Download

Voluntary Loss of Nationality and Its Consequential Effect on The Spouse and Minor Children: A Study on The Kuwaiti Nationality Law in Comparison with The Saudi and Omani Laws.

Auther : Dr. Bashayer S. ALGhanim


Objectives: To understand what is meant by voluntary loss of nationality, to discover the difference between relinquishment of nationality and renunciation and presenting forms of voluntary loss of nationality and its conditions, taken from the Kuwaiti, Saudi and Omani laws. The study also aims to reveal the aspects of deficiencies in these three law texts, then presents suggestions to handle them.
Method: The study follows the conclusion methodology based on analysis and comparison. It reviews the provisions for voluntary loss of nationality in Kuwaiti law, analyzes and compares them to texts from Saudi and Omani laws then reveals loopholes therein and suggests ways to handle them.
Results: The existence of differences in the definitions of relinquishment and renunciation of nationality respectively; failure to define a specific age at which a citizen may relinquish his/her nationality; and that a foreign wife who has acquired Kuwaiti nationality through marriage loses her Kuwaiti nationality upon regaining her foreign nationality after the marriage ends. As for minor children who acquire nationality through their mother, they continue to enjoy Kuwaiti nationality in the event that their mother voluntary naturalized a foreign nationality.
Conclusion: The study recommends the necessity of adopting renunciation of nationality not relinquishment, adding the case of regaining original foreign nationality as grounds that constitute voluntary loss of nationality. The study also recommends that children shouldn't lose their Kuwaiti nationality but they should do so when their mother acquires a foreign nationality.

Keywords: Nationality, Voluntary loss of nationality, Renunciation of nationality, Relinquishment of nationality, KSA nationality Law, Omani nationality Law, Naturalized person, Minor children, Voluntary naturalization.
 

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