Автоматическая потеря при добровольном приобретении иностранного гражданства

Примеры сценариев

Примеры сценариев приведены на английском языке.

• No. Kenji automatically lost Japanese nationality at the moment he acquired German citizenship voluntarily (自己の志望) under Art. 11(1). The loss is automatic and requires no MOJ action. It does not matter that he lives abroad or that he did not intend to lose Japanese nationality — the statute is automatic. The constitutionality of Art. 11(1) was upheld by the SC 1st Petty Bench on 2023-09-28 (上告棄却). He must file a nationality-loss notification (国籍喪失届) with the municipal mayor (or consulate) within 1 month of learning of the loss (Family Register Act Art. 103). His only pathway to regain Japanese nationality is to re-naturalize under Art. 8(iii) (former-Japanese resumption simplified naturalization), which requires a Japanese domicile and the standard good-conduct and sole-nationality conditions.

  Voluntary acquisition of German nationality triggers Art. 11(1) automatic loss | Loss is immediate and automatic — no grace or delay | Loss-of-nationality notice must be filed within 1 month (Art. 103) | Re-entry only via naturalization (Art. 8(iii) simplified for former Japanese) | Art. 11(1) constitutionality finalized: SC 1st Petty Bench 2023-09-28

• Mike has automatically lost Japanese nationality under Art. 11(1). He voluntarily (自己の志望) acquired U.S. nationality through the naturalization process. Loss is automatic and immediate at the moment of acquisition. Art. 12 does NOT apply to him — Art. 12 applies only to persons born ABROAD (国外で生まれた) who acquire a foreign nationality at birth. Mike was born in Japan; Art. 12 has no bearing on his situation. His loss flows from Art. 11(1). The SC 1st Petty Bench finalized Art. 11(1)'s constitutionality on 2023-09-28. He must file a loss notification within 1 month. To regain Japanese nationality, he must naturalize, most likely under Art. 8(iii) simplified (former-Japanese with Japanese domicile).

  Art. 11(1): voluntary acquisition of foreign nationality → automatic loss | Art. 12 does NOT apply (not foreign-born) | Loss is immediate; loss notification required within 1 month (Art. 103) | Re-entry: Art. 8(iii) simplified naturalization for former Japanese

• The key question is whether the French citizenship acquisition was 'voluntary' under Art. 11(1). Art. 11(1) requires 'voluntary' (自己の志望) acquisition of a foreign nationality. If the French citizenship was genuinely automatic by operation of French law (without Takeshi making an application or election), Art. 11(1) does not fire — automatic acquisitions are governed by the Art. 14 choice obligation, not Art. 11(1). However, entering the French Foreign Legion is itself a voluntary act; a court might characterize the entire Foreign Legion service contract (which includes the automatic citizenship provision) as the voluntary election. The Tokyo DC 2024-10-17 minor case suggests courts can treat parental choice as 'voluntary'. This is an unresolved question on the specific facts and would require case-by-case legal analysis. If Art. 11(1) does NOT apply, Takeshi holds dual French-Japanese nationality and Art. 14 choice obligations apply. If Art. 11(1) DOES apply, he automatically lost Japanese nationality when French citizenship was granted.

  Art. 11(1) fires only on voluntary (自己の志望) acquisition | Automatic acquisition by law in foreign country does NOT trigger Art. 11(1) | Key factual question: is FFL service contract entry the voluntary act that made the citizenship acquisition 'voluntary'?

• If Keiko applies for and receives U.S. citizenship voluntarily, she will automatically lose Japanese nationality under Art. 11(1). The loss is immediate and automatic — there is no grace period, no appeal, and no opt-out. The constitutionality of this rule was upheld by SC 1st Petty Bench 2023-09-28. The only current legal path to retain both would be if the Art. 9 distinguished-merit route applied (extremely unlikely for a private individual) or if there is some future Diet reform (none enacted as of 2026-06-21). If she wants to keep Japanese nationality, she should NOT apply for U.S. citizenship. If she proceeds, she must file a loss notification within 1 month (Art. 103). To regain Japanese nationality later, she would need to re-naturalize via Art. 8(iii) (simplified, former Japanese with Japanese domicile).

  Art. 11(1): voluntary U.S. naturalization → automatic immediate loss of Japanese nationality | Loss notification required within 1 month | No dual-nationality path available under current law | Re-entry only via Art. 8(iii) simplified naturalization (must first establish JP domicile)

• There is no legal mechanism under current Japanese law for Hanako to voluntarily acquire French nationality while retaining Japanese nationality. If she naturalizes as French (a voluntary act under Art. 11(1)), she automatically and immediately loses Japanese nationality. The SC 2023-09-28 upheld this provision. No bilateral dual-nationality treaty exists between Japan and France — Japan is party to no such treaty (JP-BIL-01, positive N/A). The Art. 9 distinguished-merit route is not available to private individuals pursuing personal life goals. The Art. 5(2) waiver of the sole-nationality condition in Japanese naturalization applies in the reverse direction (to the applicant naturalizing in Japan who cannot renounce a foreign nationality) — it does not help her retain Japanese nationality when acquiring French citizenship. Her options: (a) do not naturalize in France; (b) naturalize in France and lose Japanese nationality, then re-naturalize in Japan later (Art. 8(iii)) after returning with a Japanese domicile. There is no 'both' option under current law.

  Art. 11(1): voluntary French naturalization → automatic loss of Japanese nationality | No bilateral dual-nationality treaty between Japan and France | Art. 9 distinguished-merit route inapplicable to personal life choices | Re-naturalization possible later via Art. 8(iii) if she loses Japanese nationality

• If Park accepts South Korean nationality voluntarily through the South Korean scheme (a voluntary act: his own application), Art. 11(1) applies: he will automatically lose Japanese nationality at the moment he acquires Korean nationality. This is the case even though he previously was Korean, previously lived as Zainichi, and has strong ties to Korea — the Japanese Nationality Act applies regardless of the circumstances of the foreign-nationality acquisition. The loss is automatic and immediate. He must file a loss notification within 1 month. To regain Japanese nationality, he would need to re-naturalize under Art. 8(iii) (former-Japanese with Japanese domicile). He cannot rely on Japan-Korea bilateral arrangements — Japan has no bilateral dual-nationality treaty (JP-BIL-01, positive N/A). The constitutionality of Art. 11(1) was upheld SC 2023-09-28.

  Art. 11(1): voluntary acquisition of Korean nationality → automatic loss of Japanese nationality | No bilateral Japan-Korea dual-nationality treaty | Loss notification required within 1 month | Re-entry: Art. 8(iii) simplified naturalization for former Japanese with Japanese domicile