Nationality Sources and Legal Concepts Explained

Sources of Nationality

Sources of nationality for a natural person can be biological or political:

Biological Sources

Based on the fact of birth, there are two main theories:

Ius Soli:

Nationals of a state are those born within its territory, regardless of the nationality of their parents.

Jus Sanguinis:

Nationals of a state are those whose mother, father, or parents are nationals of that state, regardless of their place of birth.

Political Sources

Establish an artificial link between the individual and the state.

Letter of Naturalization:

Achieved through an administrative act for individuals who meet the legal requirements.

Naturalization by Statutory Grace:

Granted through a law to people who have rendered distinguished service to the country.

Domicile and Residence

Domicile: Residence accompanied by the actual or presumed intention of remaining there.

Habitation: Occasional abode of a subject.

Classes of Domicile

According to its extension:

• Political: According to Article 60 of the Civil Code (CC), it is related to the territory of the state in general. Anyone who has or acquires it becomes a member of the Chilean society but retains a foreign domicile.
• Civil: Relating to a particular part of this state. CC Art. 61.

According to source:

• Voluntary: That which each person can freely set.
• Legal: The law imposes it on certain people.
• Conventional: Is setting the parties to a contract for all purposes of this stem.

Heritage (Patrimony)

A set of rights and obligations belonging to a person, valued in money.

Legal Nature

Classical Theory:

It is an attribute of personality with the following characteristics:

• Heritage is inseparable from the person.
• There is no heritage without a person.
• No person without property.
• Each person has a patrimony.

Modern Theory or Assets of Involvement:

Involvement destination is a set of assets to carry out a particular purpose.

• There can be individual assets.
• There may be people without assets.
• The assets are divisible.
• The property may be alienated.

In Chile, the first theory is still prevalent.

Marital Status

The CC in its Article 304 defines:

"It is the quality of an individual that enables him to acquire rights and assume civil obligations."

Doctrine: "It's a permanent situation one individual has in society, derived from their family relationships from which rights and obligations arise."

Sources of Marital Status

1. A voluntary act of man
2. An act of nature
3. A judicial decision
4. The law

Characteristics

• It is an attribute inherent in any natural person.
• Every individual must have a status derived from one source.
• It is permanent and is not lost until another is acquired secondary from the same source.
• It is indivisible.