Principles and Acquisition of Nationality in Private International Law

Posted on Oct 27, 2025 in Law & Jurisprudence

Nationality in Private International Law

Nationality is the legal and political bond that unites a person with a State, making them a member of that political community. This bond grants the right to claim protection while simultaneously requiring compliance with the State’s standards, encompassing both domestic and International Law.

Fundamental Principles of Nationality

  1. Every person must have a nationality.
  2. No person shall have more than one nationality.
  3. Any person can change their nationality.
  4. Outright renunciation of citizenship is not enough to lose it.
  5. Nationality must not be transmitted abroad indefinitely.
  6. Acquired citizenship can be revoked.
  7. The nationality of origin can be bought back.

Systems for Acquiring Nationality

Ius Soli (Law of the Soil)

This technique dictates that the nationality and rights of a person are governed by the laws of the country where they were born, without prejudice to the right of option that may be available upon reaching a certain age.

Ius Sanguinis (Law of the Blood)

This means the right of blood. Under this system, the nationality and rights of a person are governed by the law of their family’s country of origin (i.e., the bloodline). In this regard, children born in foreign countries retain the citizenship of their parents.

Venezuelan Nationality and Citizenship Act Provisions

Article 17

The certificate of Venezuelan nationality by birth is granted at the request of an interested party, in accordance with the procedure provided in this Act, and only for the purpose of exercising those offices that the Constitution of the Bolivarian Republic of Venezuela reserves for Venezuelans by birth who hold no other nationality.

Article 20

After filing the application, the competent organ of the National Executive shall settle the matter within a period of ninety (90) consecutive days and must notify the person concerned in accordance with the provisions of the law governing administrative procedures.

Acquisition and Conflicts of Nationality

Naturalization

Naturalization is the institution through which foreigners acquire the nationality of a country upon request, becoming assimilated to the natives, either absolutely or relatively.

Procedure for Naturalization (Venezuelan Act)

The procedure for obtaining the certificate of naturalization under the Nationality and Citizenship Act involves several steps:

Article 26:
Request for naturalization.
Article 27:
Review of documentation.
Article 28:
Notice periods and compliance with legal requirements.
Article 29:
Extension of deadlines.
Article 30:
Time to decide on the application.
Article 31:
Publication of the decision.
Article 32:
Registration of the certificate of naturalization.
Article 33:
Sanction for failure to register.
Article 34:
Denial of nationality.
Article 35:
Registration of granted and denied applications (solicitudes).

Conflicts of Nationality

Positive Conflict

A positive conflict arises when a person is born in a country that applies Ius Soli (Law of the Soil) to foreign parents whose home country governs nationality by Ius Sanguinis (Law of the Blood). This results in dual citizenship.

Negative Conflict (Statelessness)

A negative conflict occurs when an individual lacks nationality (statelessness).

Statelessness Conflict

This conflict concerns those who lack nationality. Special situations include:

  • Historically, in Nazi Germany, Jews were deprived of German citizenship, rendering them stateless.
  • When a couple from a country that absolutely governs by Ius Soli takes residence in a country where Ius Sanguinis applies absolutely, and a child is born to them there, the child will be stateless. The child will not have the nationality of the country of birth (as it determines citizenship by descent) nor the nationality of their parents (since the parents’ country determines citizenship by place of birth).

Dual Citizenship Conflict

This conflict arises when a person originating from a country governed by the Ius Sanguinis system takes residence in a country governed by the Ius Soli system, and a child is born there. This child would possess the nationality of the country of birth (based on Ius Soli) and the nationality of their parents (based on Ius Sanguinis).

Evidence of Nationality

  • Identification card
  • Passport
  • Birth certificate
  • Certificate of naturalization
  • Any other relevant document relating to nationality and citizenship