Civil Code of Iran (last amended 1985)
|Publisher||National Legislative Bodies / National Authorities|
|Author||Islamic Republic of Iran|
|Publication Date||23 May 1928|
|Cite as||Civil Code of Iran (last amended 1985) , 23 May 1928, available at: http://www.refworld.org/docid/3ae6b5a68.html [accessed 20 August 2014]|
|Comments||This text was published in Basic Document in Iranian Law, The Civil Code of Iran, introduced and edited by Professor S. H. Amin. The Code was last amended in 1991, but the last amendment included here is dated 29 December 1985. This document includes only selected provisions from Book 2 on nationality. It concerns an unofficial translation.|
BOOK 2 - CONCERNING NATIONALITY
The following persons are considered to be Iranian subjects:
(1)All persons residing in Iran except those whose foreign nationality is established; the foreign nationality of such persons is considered to be established if their documents of nationality have not been objected to by the Iranian Government.
(2)Those born in Iran or outside whose fathers are Iranian.
(3)Those born in Iran of unknown parentage.
(4)Persons born in Iran of foreign parents, one of whom was also born in Iran.
(5)Persons born in Iran of a father of foreign nationality who have resided at least one more year in Iran immediately after reaching the full age of 18; in other cases their naturalization as Iranian subjects will be subject to the stipulations for Iranian naturalization laid down by the law.
(6)Every woman of foreign nationality who marries an Iranian husband.
(7)Every foreign national who has obtained Iranian nationality.
(a)If persons mentioned in Clause 4 of Article 976 wish to accept the nationality of their fathers they must submit a written declaration to the Ministry of Foreign Affairs to which they should annex a certificate issued by the national Government of their fathers to the effect that the said Government would recognize them as their own nationals.
(b)If persons mentioned in Clause 4 of Article 976 after reaching the full age of 18 years wish to remain of the nationality of their fathers, they must, within a period of one year, submit a declaration to the Ministry of Foreign Affairs to which they should annex a certificate from their father's national Government indicating that the said Government would recognize them as its own nationals.
Reciprocal treatment will be observed in the case of children born in Iran of nationals of countries where children born of Iranian subjects are considered as nationals of that country and the return of such children to Iranian nationality is made dependent on permission.
Persons can obtain Iranian nationality if they:
(1)Have reached the full age of 18.
(2)Have resided five years, whether continuously or intermittently, in Iran.
(3)Are not deserters from military service.
(4)Have not been convicted in any country of non-political major misdemeanors or felonies.
In the case of Clause 2 of this Article, the period of residence in foreign countries in the service of the Iranian Government will be considered as residence in Iran.
Those opting for Iranian nationality who have rendered services or notable assistance to public interests in Iran, or who have Iranian wives by whom they have children, or who have attained high intellectual distinctions or have specialized in affairs of public interest can be accepted as nationals of the Islamic Republic of Iran without the observance of the requirement of residence, subject to the sanction of the Council of Ministers and provided that the Government considers their naturalization to Iranian nationality to be advisable.
This article was repealed on 29 December 1982.
Those who have obtained or who obtain Iranian nationality will enjoy all rights recognized for Iranians with the exception of the right to attain to the position of the President of the Republic, a Minister of Cabinet rank or of Acting Minister or any kind of diplomatic position abroad. They cannot, however, attain the following positions until 10 years after the issue of the document of Naturalization: (1) Membership of the Islamic Consultative Assembly. (2) Membership of Provincial or District Councils or Municipal Councils. (3)Entry into the service of the Ministry of Foreign Affairs.
An application for naturalization must be submitted to the Ministry of Foreign Affairs direct or through the Governors or Governors-General, and be accompanied by the following documents:
(1)Certified copy of the identity papers of the applicant, his wife and children.
(2)Certificate from the police stating the period of residence in Iran of the applicant, his clean record, possession of sufficient property or of employment which ensure a livelihood. The Ministry of Foreign Affairs will complete, if necessary, the particulars concerning the applicant and will send the papers to the Council of Ministers for an appropriate decision rejecting or acception the application.If the application is accepted a document of nationality will be delivered to the applicant.
The wife and minor children of those who obtain Iranian nationality in accordance with this Act will be recognized as Iranian nationals; but the wife can submit, within one year of the date of issue of nationality papers to her husband, and the minor children can submit, within one year after reaching the full age of 18, a written declaration to the Ministry of Foreign Affairs accepting the former nationality of her husband or the father as the case may be, provided, however, that the certificate mentioned in Article 977 is attached to the declaration of the children whether male or female.
Adoption of Iranian nationality by the father in no way affects the nationality of his children who may have attained the full age of 18 at the date of the application for naturalization.
A non-Iranian wife who may have acquired Iranian nationality by marriage, can revert to her former nationality after divorce or the death of her husband, provided that she informs the Ministry of Foreign Affairs in writing of the facts; but a widow who has children from her former husband cannot take advantage of this right so long as her children have not attained the full age of 18. In any case, a woman who may acquire foreign nationality according to this Article cannot possess properties except within the limits fixed for foreign nationals. If she possesses landed properties more than those allowed in the case of foreign nationals, or if subsequently she comes into possession by inheritance of landed properties exceeding that limit, she must transfer by some way or other to Iranian nationals the surplus amount of landed properties within one year from the date of her acquiring the inherited property. Failing this, the properties in question will be sold under the supervision of the local Public Prosecutor and the proceeds will be paid to her after the deduction of the expenses of sale.
An Iranian woman marrying a foreign national will retain her Iranian nationality unless according to the law of the country of the husband the latter's nationality is imposed by marriage upon the wife. But in any case, after the death of the husband or after divorce or separation, she will re-acquire her original nationality together with all rights and privileges appertaining to it by the mere submission of an application to the Ministry of Foreign Affairs, to which should be annexed a certificate of the death of her husband or the document establishing the separation.
Iranian nationals cannot abandon their nationality except on the following conditions:
(1)That they have reached the full age of 25.
(2)That the Council of Ministers has allowed their renunciation of their Iranian nationality.
(3)That they have previously undertaken to transfer, by some means or other, to Iranian nationals, within one year from the date of the renunciation of their Iranian nationality, all the rights that they possess on landed properties in Iran or which they may acquire by inheritance although Iranian laws may have allowed the possession of the same properties in the case of foreign nationals. The wife and children of the person who renounces his nationality according to this Article do not lose their Iranian nationality, whether the children are minors or of age, unless the permission of the Council of Ministers allows them to renounce their nationality; and (4)That they have completed their national military service.
In case any Iranian subject acquired foreign nationality after the solar year 1280 (1901-1902) without the observance of the provisions of law, his foreign nationality will be considered null and void and he will be regarded as an Iranian subject. Nevertheless, all his landed properties will be sold under the supervision of the local Public Prosecutor and the proceeds will be paid to him after the deduction of the expenses of sale. In addition, he will be disqualified to attain the position of Cabinet Minister or Assistant Minister or of membership of the Legislative Assemblies, Provincial and District Council and Municipal Councils, or any other governmental positions.
Iranian subjects who may have personally, or whose fathers may have, renounced Iranian nationality in accordance with the provisions of law and who may wish to re-acquire their original nationality can be reinstated in their Iranian nationality by mere application unless the Government may deem the grant of their application to be inadvisable.
Particulars and instructions concerning the enforcement of the law of nationality and the exaction of the administrative fees in the case of those who may apply for naturalization as nationals of the Islamic Republic of Iran, or renunciation of Iranian or retention of original nationality, will be specified in regulations which will have to be sanctioned by the Council of Ministers.