Análisis de las reglas favorabilia sunt amplianda y odiosa sunt restrigenda en relación a la adquisición y pérdida de la nacionalidad españolaA propósito de la STS núm. 696/2019, de 19 de diciembre

Abstract

The purpose of this paper is to analyse the interpretation of the rules regarding nationality. This study will start from the recent STS No. 696/2019, of 19 December, that analysed the way in which Article 24.3 of the Civil Code, regulates the conservation and loss of nationality of the descendants of Spanish emigrants residing abroad, should be interpreted. To this end, the background and the ruling of the High Court will be presented, to then analyze whether, despite the principle of legality that should govern a discipline that affects the marital status of individuals, there are gaps or voids, and if so, how the rules should be integrated. The principle of favorabilia sunt amplianda and odiosa sunt restrigenda will be studied on the basis of specific cases, clearing up the complicated question of whether Spanish nationality benefits or harms the individual. The answer seems obvious in all those cases where the non-acquisition or loss of Spanish nationality leads to a scenario of statelessness, but this will not be the case in cases where the interested party acquires another nationality. The object of study will also be linked with another controversy that underlies this subject: the relevance of the will in the place of interpretation of nationality rules.