Public Prosecutor v Dame Nicoleau

• Jurisdiction: Marruecos
• Docket Number: 14
• Court: Court of Appeal (Morocco)
• Date: 28 June 1950

France, Court of Appeal of Rabat (Morocco).

Case No. 14

Ministère Public

and

Dame Nicoleau.

Protectorates — Status of French Zone of Morocco and Tunis — Whether Integral Part of France for Purpose of Application of French Legislation.

The Facts.—Article 8 of the French law of August 10, 1927, concerning nationality provided that a French woman lost her nationality on marriage if she acquired the nationality of her husband and if the first matrimonial home was outside France. Dame Nicoleau, who was born in Morocco of French parents and who thus had French nationality, in 1931 married a German national and thereby acquired German nationality. The first matrimonial home was in Morocco. It was now contended on her behalf that she had retained French nationality since Morocco could not be considered to be outside France in the meaning of the law of 1927.

Held: that Dame Nicoleau had lost French nationality on marriage. The Court said:

“Despite French sovereignty in Morocco, Moroccan territory is not identical with French territory. While birth or residence in the French zone of Morocco has the same...