Re Lindemann de Melamet

• Jurisdicción: Argentina
• Número de expediente: Case No. 150
• Fecha: 31 Marzo 1949
• Emisor: Federal Court of Appeals (Argentina)

Argentina, Cámara Federal de la Capital.

Case No. 150

In re Lindemann de Melamet.

Naturalization — In Time of War — Persons of Enemy Origin — Naturalization after Cessation of Hostilities.

War — Termination of — Continuance of State of War notwithstanding Cessation of Hostilities — Naturalization in Time of War.

The Facts.—The petitioner, a woman of German origin married to a Czech national, sought naturalization in Argentina, apparently in 1948 and 1949.

Held: that the petition must be denied. Persons of German origin could not apply for naturalization while a state of war existed between Argentina and Germany. A majority of the Court ruled:

“Article I of Executive Decree No. 13.684,1 provides for the suspension of naturalization proceedings in regard to persons who are ‘natives’ of Germany and Japan during the existence of a legal state of war with those countries.

“The evidence submitted to demonstrate that the petitioner had acquired the nationality of her husband is ineffective because the said provision does not concern the nationality of these people but rather their place of birth.

“On the other hand, the Supreme Court has declared in the case of César Mari, among other cases involving naturalization (Fallos, vol. 204, p. 418), and more recently in the case of Merck Química Argentina, S.A., decided June 9, 1948 (Fallos, vol. 211, p. 193), that a state of war begins at the moment of declaration and continues as long as peace has not been formally established. As there has been no juridical cessation...