Copie d’une note « Nationalité de la femme marocaine qui épouse un Français ou un Étranger » – mars 1941.
Description
March 1941 (handwritten date) – The anonymous note without mention of a recipient, examines from a strictly legal point of view (under French law) what would be the nationality of the Moroccan woman « who, without having obtained the breaking the bonds of allegiance, married in Morocco a foreigner whose national law confers on the woman the nationality of the husband ».
The civil registrar « must refrain from celebrating the marriage unless both husband and wife together are Moroccan ». He « does not have to take into account – when he celebrates a mixed marriage – the religious law of the Moroccan », Muslim or Israelite. « If the future husband is French, [the official] must simply ask the person concerned if she wishes to subscribe to a declaration of option in favor of French nationality. […] If, during the six-month period following this declaration, no refusal is made by decree, the Moroccan woman becomes French under French law and the French authorities ». « We cannot, in fact, admit that French law can be thwarted by the French authorities in any place whatsoever, in a territory of French domination ».
In the event that she would have married a foreigner « as long as the person concerned is in a country of French domination, [the] authorities and [the] courts will always have the power to assess whether the Moroccan woman has become a foreigner or whether she has, on the contrary, retained her original status ».