Resumen :
Esta tesis pretende demostrar que, en la actualidad, las personas que ostentan varias
nacionalidades -lo cual cada vez es más frecuente- se encuentran en una situación de
inseguridad jurídica cuando establecen relaciones privadas internacionales, bien sea en el
ámbito personal o en el patrimonia... Ver más
This thesis aims to demonstrate that, at present, persons who hold several nationalities -
which is becoming more and more frequent- find themselves in a situation of legal
uncertainty when they establish international private relationships, whether in the personal
or patrimonial sphere, and the conflict rule to determine the law applicable to the legal
relationship falls on the personal law, the law of nationality. The object of the study is limited
to analyzing the problems arising from the application of the criterion of nationality as a
connecting point in the Spanish system of private international law, in particular, with
respect to persons whose personal status is connected with several nationalities and, by virtue
of this, the international legal acts that affect them can generate situations, at least
controversial, and in many cases, incompatible with each other, giving rise to a situation of
great legal uncertainty.
The rules of the Spanish private international law system regulate social relations inserted
in a sociodemographic reality that is completely multicultural and heterogeneous in which it
must be taken into account that nationality in cases of dual or multiple nationality creates a
link between the subject and as many States as nationalities possessed, from which derives
a double or multiple linking of the person with the laws of several States. Faced with the
simultaneous application of two or more different laws to a subject, it is necessary to
determine in advance the nationality that serves as the basis for determining the law
applicable to the personal status, and this study will make it possible to establish the
connection between different rules that use nationality as a criterion for ordering private
relationships in relation to personal status. It is a matter of describing, analyzing and
comparing the current system and exploring its virtuality against the adequate protection of
the rights of multinational people in Spain based on a very specific hypothesis: the conflict rule of the Spanish system of international private law that must be applied. it is obsolete, it
has ceased to respond to the current social reality.
This vision of the research requires a study from a perspective that starts from an analysis
of the problem itself, and from there, of the theoretical and doctrinal issues in this regard, as
will be explained in the following section, dedicated to the research methodology used for
the development of this Doctoral Thesis Project.
In order to fulfill the proposed objective, the starting point is to define the object of study,
starting from an approach to the study of nationality as a point of connection of the personal
status in the Spanish system of private international law; as well as to establish the typical
case to be examined: the problems derived from the determination of the personal law
applicable to the international private situations that depend on it, in cases of plurinationality
(chapter 1); then, the legal aspects that characterize the situations of plurinationality in the
context are analyzed (chapter 2); subsequently, the effectiveness of article 9. 9 CC, which is
the conflict rule applicable to cases of plurinationality within the Spanish private
international law system (Chapter 3); and finally, the specific problems arising from
plurinationality linked to the personal status of the individual in specific matters are analyzed
(Chapter 4).
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