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Review article

Citizenship and the General Civil Code in the Kingdom of Croatia and Slavonia from 1853 to 1879

Ivan Kosnica ; Faculty of Law, University of Zagreb, Zagreb, Croatia


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Abstract

At the beginning, the author gives a brief overview of the development of citizenship in the Kingdom of Croatia and Slavonia before the General Civil Code (GCC). After that he considers the introduction of GCC in Croatia and Slavonia during the period of open
absolutism in 1853. The author points out that GCC regulated acquisition of Austrian citizenship and claims that the introduction of GCC strengthened the principle of ius sanguinis. According to the author, that was quite opposite to the previous situation in which the principles of ius domicili and ius soli were also very important. The author further points out that the GCC introduced new ways of automatic naturalization and that the GCC significantly modified the system of regular naturalization. In the next part of the paper, the author deals with the citizenship and GCC in the circumstances of
breakdown of absolutism and the introduction of limited constitutionality. In that period special Croatian-Slavonian membership was established and the scope of Austrian citizenship was limited. Nevertheless, the provisions of GCC were used as a legal basis for acquisition of Austrian citizenship. In the next section, the author analyzes the citizenship and GCC in the period from reaching Croatian-Hungarian Compromise in 1868 until the enactment of Law of December 20, 1879, concerning the acquisition and loss of Hungarian citizenship. During this period the provisions of GCC were used in a new context, as a legal basis for acquisition of Hungarian-Croatian citizenship. The paper ends with a section on the importance of the provisions of the GCC in the period after enactment of Hungarian Citizenship Law.

Keywords

citizenship; nationality; General Civil Code; Croatian-Slavonian membership; Croatia and Slavonia

Hrčak ID:

116265

URI

https://hrcak.srce.hr/116265

Publication date:

30.12.2013.

Article data in other languages: croatian

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