English Translation

X f.f. Baf Sachbearbeiter: Kammergerichtsrat Dr. A r n d t. (mid der fiies w Eekjabe) Appreciative statement 2/ i It is important to examine the consequences of the marriage of a German national with a Swiss (nationals with regard to nationality, the public, party and private status of reeEhefrau. I. The German nationals lose their German nationality by marriage with a foreigner (§ 17 para.6 of the Reichs- und Nationalitätsgesetz of 22.7.1913, RGBl.p.583). In contrast to a number of foreign rights, German law also does not allow the German nationality to be maintained in such a case by means of specific declarations or approval by the competent authority; this is only possible if someone acquires a foreign nationality at his request (cf. § 25 of the Nationality Act). In addition, Section 2 of the German Code of Nationality of 20.1.1942, of RGBl.I p.40). However, a draft decree is currently being worked on in the Reichsministerium des Inneren, according to which a German national who marries a foreigner should not lose his German nationality. In principle, this draft covers only future marriages, but it is considered that it also provides for a transitional provision for wives who have lost German nationality through their marriage. If the marriage is valid under Swiss law, the German fiancée acquires the Swiss nationality with the marriage (Article 54 (3) and (4) of the Swiss Constitution). According to the new judicature of the Federal Court, marriage, which excludes a Swiss woman with a foreigner, is regarded as invalid in particular in order to obtain national citizenship. 2