LOSS OF FRENCH NATIONALITY
LexInter | December 15, 2007 | 0 Comments

LOSS OF FRENCH NATIONALITY

Article 23

(Law of March 8, 1803 promulgated on March 18, 1803))
(Law of May 31, 1854))
   Any adult of French nationality, usually residing abroad, who voluntarily acquires a foreign nationality, loses French nationality only if he expressly declares it, under the conditions provided for in Articles 26 et seq. Of this title.

Article 23-1

   The declaration with a view to losing French nationality can be taken out from the filing of the request for acquisition of foreign nationality and, at the latest, within one year from the date of this acquisition.

Article 23-2

(Law n ° 98-170 of March 16, 1998 art. 19 Official Journal of March 17, 1998 in force on September 1, 1998)
   French people under the age of thirty-five can only subscribe to the declaration provided for in Articles 23 and 23-1 above if they are in order with the obligations of Book II of the National Service Code.

Article 23-3

(Law n ° 98-170 of March 16, 1998 art. 20 Official Journal of March 17, 1998 in force on September 1, 1998)
   French nationals who exercise the right to renounce this quality in the cases provided for in articles 18-1, 19-4 and 22-3 lose their French nationality.

Article 23-4

   Loses French nationality the French, even a minor, who, having a foreign nationality, is authorized, at his request, by the French Government, to lose the quality of French.
This authorization is granted by decree.

Article 23-5

(Law n ° 98-170 of March 16, 1998 art. 21 Official Journal of March 17, 1998 in force on September 1, 1998)
   In the event of marriage with a foreigner, the French spouse may repudiate French nationality in accordance with the provisions of Articles 26 et seq. On condition that he has acquired the foreign nationality of his spouse and that the usual residence of the household has been fixed at l ‘foreign.
However, French people under the age of thirty-five will only be able to exercise this right of repudiation if they are in order with the obligations provided for in Book II of the National Service Code.

Article 23-6

   The loss of French nationality can be established by judgment when the person concerned, French by origin by descent, does not have possession of status and has never had his habitual residence in France, if the ascendants, including he held French nationality, have themselves neither possession of the status of French, nor residence in France for half a century.
The judgment determines the date on which French nationality was lost. It can decide that this nationality had been lost by the authors of the person concerned and that the latter was never French.

Article 23-7

   The French who behaves in fact like the national of a foreign country can, if he has the nationality of this country, be declared, by decree after assent of the Council of State, to have lost the quality of French.

Article 23-8

   Loses French nationality the French person who, holding a job in an army or a foreign public service or in an international organization of which France is not a member or more generally providing them with support, has not resigned their job or ceased their support notwithstanding the injunction which will have been made to it by the Government.
The person concerned will, by decree in the Council of State, be declared to have lost French nationality if, within the time limit set by the injunction, which may not be less than fifteen days and greater than two months, he has not terminated its activity.
When the opinion of the Council of State is unfavorable, the measure provided for in the preceding paragraph can only be taken by decree in the Council of Ministers.

Article 23-9

   The loss of French nationality takes effect:
1 ° In the case provided for in article 23 on the date of acquisition of foreign nationality;
2 ° In the case provided for in articles 23-3 and 23-5 on the date of the declaration;
3 ° In the case provided for in articles 23-4, 23-7 and 23-8 on the date of the decree;
4 ° In the cases provided for in article 23-6 on the day fixed by the judgment.

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