دور الأم في نقل الجنسية الى الأبناء في القانون الدولي الخاص

Abstract EN

In this study, we will discuss the extent to which a mother can confer her nationality, whether original or acquired, to her children, through the Algerian nationality law before and after the 2005 amendment, and in some comparative legislations, because of the importance of this topic, through its prejudice to a large segment of society They are the children who are the result of mixed marriage who may not be able to enjoy the nationality of the father, or because of their desire to enjoy the nationality of the mother, especially when residing in the mother's country, so that they acquire the rights as the original citizens and are not treated as foreigners.

Although most of the legislations are directed towards establishing equality between the father and mother's role in transferring nationality to fathers, there are still several other legislations that do not give any role to the mother in transferring nationality to children, or granting her a reserve role in that, and this difference caused several problems, including the phenomenon of lack of Nationality, dual or multiple nationality, and in order to avoid statelessness, the reserve role of the mother must be adopted in transmitting her original or acquired nationality to the children when the father is unable to enjoy a father's nationality in particular or when residing in the territory of her state, as for the phenomenon of double or multiple nationality caused by equality between men and women in The transfer of nationality to children is not resolved except through bilateral agreements between states to make the child choose at puberty the nationality he wants to retain, in order to avoid the problem of conflict of laws in countries that take nationality as a reference in determining the applicable law.