A Comparative Study of Post-Marriage Nationality of Women in Legal Systems of Different Countries

Abstract

In the nineteenth century a school known as “The Unity System of Couples Nationality” stated the idea that women should acquire the nationality of their husbands after marriage. In other words, the nationality of men should be imposed on women. However, in the 20th century, a movement known as feminism emerged which led to the formation of a school named “System of Nationality Independence”. This school advocated the separation of marriage and nationality and believed that women’s nationality should not change following marriage. The aforementioned legal schools have had different manifestations in the positive laws of different countries and sometimes it is hard to classify them into a single legal school. The legal systems of countries can be classified into two groups: legal systems advocating the imposition of husbands’ nationality on wives; legal systems opposing the imposition of husbands’ nationality on wives.