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SIT 347/81
have given a fairly full summary of the Spanish-Chilcon dual nationality agreement of 24 May 1958 since it appears to have been used as a pattern for most of the subsequent agreements. We have indicated where later agreements change emphasis or insert slightly
different terms.
Annex 1.
Dual nationality agreement between Spain and Chile of 24 May 1958.
The agreement notes in its preamble that "Spaniards and Chileans form part of a community characterised by identity of traditions, culture and language" and consequently "do not feel that they are foreigners in regard to one another"; that the Spanish Civil Code and the Political Constitution of Chile agree that "Chileans in Spain and Spaniards in Chile can acquire Chilean or Spanish nationality without prior renunciation of their original nationality" and that "there is no legal objection to a person holding two nationalities providing
only one of them has full effect, is the source of political
dependency and indicates the system of law to which that person is
subject".
The provisions of the agreement run roughly as follows:
Art. 1 Spaniards born in Spain and Chileans born in Chile may acquire Chilean or Spanish nationality, as prescribed by the legislation in force in the two High Contracting Parties respectively, without losing their previous nationality......The status of national
will be
verified by the competent authority on the basis of documents required by the latter.
Art 2. Spaniards who have acquired Chilean nationality while retaining their original nationality are to be entered in the Chilean Register of Letters of Naturalisation, and Chileans who have acquired Spanish nationality while retaining their original one are to be entered in the Spanish Civil Register for the place of domicile." The Registry
*Trnalstor's note: this of course means "domicile" as understood in
Continental systems of law, not in the Anglo- American sense.