Law 5110 Study Guide - Quiz Guide: Habitual Residence, Lex Fori, Helaba
Document Summary
Events giving rise to civil and commercial (art. Spanish and belgian pil subjected matters of surnames to the lex patriae, and in the case of double citizenship gave priority to their own citizenship. Children with dual nationality ended up with different surnames in both countries but wished to have belgium recognize their spanish version. The court noted that belgium treated persons with dual-citizenship in the same way as persons having only belgian nationality. However, their situation is not comparable as it would lead to serious inconveniences unlike for belgian nationals. It was held that the principle of non-discrimination (art. 18 tfeu) requires that the children be granted the request. Difference in treatment due to different situations may be legitimate if based on objective considerations independent of the nationality of the persons concerned. It was also held that the principle of non-discrimination does not forbid the use of nationality as connecting factor in family matters.
