PRIVATE INTERNATIONAL

LAW
IMPORTANT QUESTIONS
Q1) What is meant by the concept of nationality, With an explanation of its
importance? (P.8 TO P.12) “EXAM 2022 – EXAM 2023’
ANS.
1.1) Definition of Nationality: Nationality, in its simplest definition, means "a
person's belonging to a particular country and its subordination to it."
Jurisprudence has differed in the definition of the concept of nationality. But
the most correct opinion in jurisprudence defines nationality as Political and
legal bond between the individual and the state" or the nationality is also
defined as "A political and legal relationship between the individual and the
state that explains the feeling of loyalty and belonging between the individual
and his state."
-The political aspect of the idea of nationality appears in that it defines the
element of the people in the state, Any State consists of three pillars: The first
pillar is the people, the second pillar is the territory, and the third pillar is the
political authority (the government).
The people are considered the most important part among them because
there is no state without a people, there is no way to search for a territory
without a people inhabiting it, or a ruling authority without a people to rule it.
Therefore, nationality is the ideal tool used by the state to determine the
element of the people in it. Nationality is considered the legal tool or applied
standard for the legal distribution of members of the international community,
which determines the share of each state from the individuals who make up
its people.
In addition to the above, the individual cannot protect and defend his rights
internationally except by resorting to the country to which he belongs by his
nationality, He request his country for diplomatic protection if his rights are
violated outside his country.
1.2) Importance of nationality:
1- Based on the idea of nationality, a distinction is made between nationals
and foreigners, these results in different rights and obligations imposed to
each of them.
2-Citizens of the state enjoy rights and freedoms as they are obligated to
perform several duties towards the state.
3- Foreigners do not enjoy all the rights of citizens of the state and do not
obligate all their duties.
4-The term "population of the state" includes all residents on the territory of
the state, whether they are nationals or foreigners, while the term "people of
the state" includes only patriots, whether they reside in the territory of their
state of which they hold its nationality or reside in the territory of a foreign
state.
The population of the state is the residents of the territory of the state
(nationals + foreigners), but the term "people of the state" is limited to
nationals only, not foreigners.
5-The legal aspect of the idea of nationality appears in that it has great
importance in determining the rights and duties of persons, and that a
person's nationality is considered one of the elements of his civil status, such
as his family and social status.
6-Citizens of the State enjoy certain rights not enjoyed by foreigners, such as
the exercise of political rights.
Political rights are the powers that give their owners to participate in
governance and managing the affairs of the country, Such as the right to vote
in the national elections, the right to run for elections, the right to express
opinion in referendums and the right to hold public office.
These rights are not enjoyed by all population of the state, but only the citizens
of the state, therefore, foreigners do not exercise these rights.
7-Citizens of the state are also obligated to perform military service, excluding
foreigners and therefore the foreigner is exempted from some of the
obligations of the patriots, such as performing military service that requires a
high degree of national affiliation and loyalty, and these qualities do not enjoy
by a foreigner.
8-The idea of nationality is used as a standard for solving the problems of
private international law in the field of conflict of laws and conflict of
international jurisdiction.
The importance of nationality in the field of conflict of laws appears in that it
defines the applicable law to international private disputes that include the
foreign element; especially the Latin law countries such as Egypt and France
apply nationality law to personal status issues.
9-It also appears the importance of nationality in the field of conflict of
international jurisdiction in that it determines the competent court to
consider the dispute that includes a foreign element.
Q2) what is meant by the principle of the state's freedom to regulate its
nationality, and what are the restrictions imposed on this freedom?
(p.13 to p.17) “EXAM 2023’
ANS.
1) The freedom of the State to regulate its nationality:
The rule is that the State alone grants nationality. The national legislator in
each State regulates nationality and defines the people's pillar in the State. It
also determines the conditions for obtaining, losing and recovering to the
nationality of the State without being subject to the control or direction of any
foreign authority.
In the modern international community, there is no universal authority
regulating nationality provisions in general. Therefore, international law
recognizes each country the right to regulate its nationality in accordance with
its internal national legislation.
It is clear from this that the rules of the Nationality Law are internal national
rules set by the national legislator in each country to regulate the nationality
of the Individuals of this country and determine the pillar of the people in it.
This fact explains and justifies the reason behind the different standards used
in granting citizenship from one country to another. Thus, the problem of
multiple nationalities and statelessness for some individuals has emerged.
The principle of the freedom of the state to regulate its nationality means that
the national legislator in each country is exclusive and monopolizes the
setting of the rules and conditions for acquiring the nationality of the state, so
that the legislator determines with his free will who are the persons who are
given the description of patriotism and he is not subject to the control or
direction of any foreign authority, and without being bound by what is being
done in other countries.
2)The Restrictions on the freedom of the state to regulate its nationality:
The freedom of the state is limited to regulating its nationality alone, and it is
not allowed to regulate the nationality of another state, otherwise it would be
an infringement on the sovereignty of the other state.
Therefore, the freedom of the state to regulate its nationality is not absolute
freedom, but some restrictions are imposed on it. These restrictions include
what is decided for the benefit of individuals, and some are for the benefit of
other countries.
First: The restrictions stipulated for the interest of individuals:
-Every individual has the right to acquire the nationality of the State in
accordance with the rules and conditions set by the State. The State may not
refuse to grant its nationality to a in an arbitrary manner. person
-The state may not abusively manner withdraw or deprivation its nationality
from persons
-Nationality is not an eternal relationship between an individual and a state,
but an individual may give up his nationality and acquire the nationality of
another state in accordance with the rules governing nationality. The state can
also, in some cases and for specific reasons, stripping or withdraws its
nationality from some individuals, but not arbitrarily.
Second: the restrictions stipulated for the interest of other countries
Jurisprudence recognizes the existence of restrictions on the freedom of the
State in organizing nationality in this field. The most important restrictions are:
A: The international Conventions:
International conventions to which the country is a party and which regulate
the issue of nationality are a restriction on the freedom of the state when
regulating its nationality, as the state obligation itself to itself through the
international agreement to which it agreed to be a party.
B: The International Custom and the recognized principles in the
nationality article
For example, it is not permissible for the state to impose its nationality on the
citizens of another state who were not domiciled there and were not born on
its territory and there is no connection between them and the state.
-Also, it is not permissible for the state to impose its nationality in
contravention of the recognized bases for acquiring nationality, which are the
right to blood and the right to territory, such as granting her nationality on the
basis of language or religion.
-A state may not grant a person the citizenship of another state other than its
own. Like Bolivian law.
Q3) what are the conditions for acquiring Egyptian nationality based on
birth and residence in Egypt? (P.50 to p.51)
ANS.
FOURTH: To each foreigner born in Egypt and his ordinary residence has been
in it on attaining full age, if he applies within one year from attaining full age,
for the Egyptian nationality, provided he fulfills the following conditions: 1. To
be sane and not suffer from any disability that makes him a burden on society.
2. To be of a good conduct and reputation, and that no criminal penalty in a
felony or penalty restricting his freedom should have been passed against him
in a crime against honor, unless he has been rehabilitated.
3. To be acquainted with the Arabic language.
4. To have a legal means of earning his living"
In addition to the conditions before described in the previous case and known
as the usual conditions for naturalization, this is a condition that the foreigner
is born in Egypt and has a regular residence there before reaching the legal
come of age.
The Egyptian legislator considered that the combination of the condition of
birth on Egyptian land and residency there upon reaching the legal age is
sufficient evidence of the individual's integration into the national community
of the state.
Q4) What are the cases of acquiring Egyptian nationality through
investment and bank deposits? “EXAM2022- EXAM2023’
-What are the cases of acquiring Egyptian citizenship through investment
naturalization?
-What are the cases of investment naturalization in the Egyptian
Nationality Law? & what is the competent authority to issue the decision
to grant Nationality in these cases? (P.59 TO P.62)
ANS.
According to the new amendments, Egyptian nationality may be granted by a
decision of the Prime Minister if one of the following cases exists:
1- Purchasing real estate for an amount of not less than 300,000 USD (three
hundred thousand US dollars), transferred from abroad in accordance with
the rules in force or the amount must have at the Egyptian Central Ban Egypt
through one of the entered the Arab Republic of customs ports and been
proven by customs.
Nationality may be granted based on the purchase of a property, whether the
property is owned by the state or private persons. If the property is owned by
the state, the amount of the property may be paid in installments for a period
not exceeding one year from the date of purchase. Nationality is not granted
until the full amount is paid.
The buyer may not sell the property for 5 years from the date of purchase.
2- Establishing or participating in an investment project for an amount of not
less than 350,000 USD (three hundred and fifty thousand US dollars), in
accordance with the Egyptian Investment Law, while depositing an amount of
one hundred thousand US dollars (100,000 USD) for the benefit of the state.
3- Deposit an amount of five hundred thousand US dollars (500,000 USD) as a
deposit that will be recovered after three years in Egyptian pounds and at the
exchange rate declared at the time of recovery, and without interest.
4- Depositing an amount of two hundred and fifty thousand US dollars
(250,000 USD) in favor of the state without refund.
This condition is applied on the last 3 cases from 2 to 4:
-The amount is deposited through a bank transfer from outside Egypt in
accordance with the rules in force at the Egyptian Central Bank, or the
amount must have entered the Arab Republic of Egypt through one of the
customs ports and been Proven at customs.
-The deposit amount may be paid in installments for a period not exceeding
one year from the date of the beginning of the deposit. Nationality is not
granted until the full deposit amount is deposited.
1-Submit an application for acquiring Egyptian nationality:
The establishment of a unit to check applications for acquiring Egyptian
nationality called the Naturalization Applications Examination Unit was
established at the t General Authority for Investment, and it is specialized in
examining applications for acquiring Egyptian nationality according to this
case.
The application for acquiring Egyptian nationality in this case is submitted to
the unit headquarters or on its website.
The naturalization application is submitted to this unit along with the required
documents.
2-The competent authority to issue a decision to grant nationality:
It should be noted that the authority competent to issue the decision to grant
Egyptian nationality based on investment is the Prime Minister alone and not
the Naturalization Application Examination Unit or any other body.
All decisions granting nationality, whether issued by the President of the
Republic, the Prime Minister, or the Minister of Interior, the one who issues
them has discretionary power, but it is not an absolute authority to issue it, so
he can issue it, if the conditions for granting are met.
He can also refuse to grant it despite the fulfillment of the conditions, but he
cannot grant it, if the conditions for granting Egyptian nationality are not met.
3-General conditions that must be met by a foreign person requesting
investment naturalization:
The availability of one of the cases of investment naturalization does not
result in granting Egyptian Nationality to the foreigner, but the foreigner must
meet the following conditions:
1-To be sane and not suffer from any disability that makes him a burden on
society.
2-To be of a good conduct and reputation, and that no criminal penalty in a
felony or penalty restricting his freedom should have been passed against him
in a crime against honor, unless he has been rehabilitated.
3. To be acquainted with the Arabic language.
Q5) what are the conditions for acquiring Egyptian nationality through
mixed marriage? (P.64 TO P.68) “EXAM 2023’
ANS.
The Egyptian Nationality Acquired by mixed Marriage:
The Mixed marriage as a reason for acquiring Egyptian nationality means it is
the marriage that takes place between a foreign woman and an Egyptian man
and not the other way around; the question arises about the impact of this
marriage on acquiring Egyptian nationality.
A foreign man who marries an Egyptian woman does not acquire Egyptian
nationality through this marriage, but a foreign woman who marries an
Egyptian man can acquire Egyptian nationality through this marriage.
Therefore, the effect of a mixed marriage is limited to the wife without the
husband.
The majority of nationality legislations in the Arab countries provide for the
denial of any direct impact for the marriage of a national woman on the
nationality of her foreign husband. This means that the mixed marriage should
have an immediate effect on the acquisition by a foreign wife of her husband's
nationality based on a matrimonial bond because the husband is the head of
the family and the center around which the lives of the other family members
revolve around.
However, the majority of the foreign laws facilitated the naturalization of the
foreigner husband who marries a national woman through easing or canceling
some of the conditions required for normal naturalization.
First, Foreign Women Who Marry Egyptian Men:
Pursuant to these provisions, a foreign woman may acquire the Egyptian
nationality if the following conditions are fulfilled:
1- The Existence of a Valid Marriage Certificate Registered in an Official
Document
2- The Wife declare her Wish to Acquire the Egyptian Nationality
The logical basis behind this condition is that the Egyptian nationality should
not be imposed by force of law on a foreign woman who marries an Egyptian
man as a result of this marriage against her will.
Therefore, she cannot acquire the Egyptian nationality unless she expressly
declares her wish to obtain it, and the foreign wife must declare her wish to
acquire Egyptian nationality to the Minister of Interior. However, she is not
obligated by law to declare her wish to acquire Egyptian nationality within a
specified period of time. This provision is absolute and not restricted in terms
of the time of application for the acquisition of nationality.
Therefore, a foreign wife may declare her wish at any time during the marriage,
whether at the beginning of the marriage or after a period of marriage.
3- The Marriage Should Continue for Two Years after the Declaration of the
Wife's Wish to Acquire the Egyptian Nationality
The purpose of this condition is to ensure that the marriage is serious and
stable, as well as to place the wife under the observation of the executive
authority so that the executive authority ensures that the wife has become fit
for integration into Egyptian community.
It is also to avoid the cases in which some foreign women marry Egyptian men
as a means of acquiring Egyptian nationality through fraud and circumvention
of the law.
Therefore, the condition the marriage continues for two years after the
declaration of the wife is aimed at ensuring the seriousness of the marriage
and preventing fictitious marriage contracts.
The question that arises about the right of a foreign wife to acquire the
Egyptian nationality if her marriage dissolution to her Egyptian husband within
a period of two years from the date of the wife's declaration of her wish to
obtain Egyptian nationality?
If the termination of marriage due to repudiation, divorce, separation or
annulment, and whether the reason for the dissolution of marriage is due to
the man or the woman, the wife in this case does not benefit from acquiring
the Egyptian nationality through a mixed marriage because she has lost her
position as a wife to an Egyptian man. Therefore, there is no need to grant her
Egyptian nationality.
If the termination of marriage with the death of the husband: In the event that
the marriage termination due to the death of the Egyptian husband during the
two-year period from the date of the wife's declaration of her wish to acquire
the Egyptian nationality, the foreign wife in this case may acquire the Egyptian
nationality because the reason for the dissolution of the marriage is not by her
will.
4- Non-Objection of the Minister of Interior to Grant the Egyptian
Nationality
The legislator gave the Minister of the Interior the right to object and refused to
grant the foreign wife the Egyptian nationality by a reasoned decision he
issued before the end of the two-year period. If the period of two years passed
without any objection by the Minister of Interior, the wife would acquire the
Egyptian nationality by law.

But if the Minister of the Interior objected and issued his decision during the
two-year period to refuse to grant the foreign wife the Egyptian nationality, his
decision must be justified.