Role of Apparent Status in Proving Original Nationality (A Comparative Study)

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Akhlas Farhan Mohi
Sadeq Zghair Mohalsen

Abstract

One of the apparent conditions represents a presumption through which an individual’s belonging to a particular country can be proven. It is the evidentiary means created by French jurisprudence to solve a problem represented by the individual’s appearance as a patriot without having anything to prove his belonging to the country. Therefore, its topic is considered one of the important topics in nationality law, and in the topic of research we will discuss Its effect in proving original nationality; This is because citizenship is a document that proves an individual’s belonging to a specific country. If the individual loses this document, the apparent situation will have to prove this belonging and the individual’s right to obtain citizenship Original nationality is of two types, either based on the right of blood or based on the right of territory. In the first type, the individual is entitled to nationality based on blood ties and his descent from the descendants of individuals belonging to the state. In this case, the task of the apparent status is relatively easy, as it proves this appearance as well as his descent. Descendants of patriotic individuals.
As for the second type, the individual is entitled to citizenship based on the territorial connection that this individual was born within the territory of this country, and although most Arab legislation did not grant citizenship based on this connection, except in the case of a foundling, which is considered essentially based on the apparent condition, then the topic of the apparent condition is considered one of the topics. The task through which realistic problems posed by the environment and awareness among individuals can be addressed and are also of concern to the state

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How to Cite
Farhan Mohi ا., & Zghair Mohalsen ص. (2025). Role of Apparent Status in Proving Original Nationality (A Comparative Study). MIsan Journal of Comparative Legal Studies, 1(12), 100–27. Retrieved from https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/353
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