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ART. 4. A Guatemalan who has forfeited his citizenship by becoming naturalized in a foreign country (the same as the divorced wife of a foreigner, both residing outside of Guatemala), may regain his citizenship by making application, at any time, by renouncing the protection of the foreign flag and by having his declaration and renunciation recorded in the Civil Register.
The Government nevertheless reserves the privilege of deciding such cases as it may think proper.
ART. 5. The application referred to in the foregoing article must be made to the minister of foreign relations of the Republic, or to the diplomatic or consular agent of Guatemala in the place where the applicant resides.
ART. 6. Legitimate or illegitimate children of a Guatemalan father, born or living in a foreign country, when, according to the laws of the country of their birth, they have the privilege of choosing their citizenship, and elect to become Guatemalans, must inform the diplomatic or consular agent of Guatemala within one year from the day on which they become of age, or from that of their emancipation, whether they desire to become Guatemalan citizens, and the said diplomatic or consular officer shall in this, as in the former case, record it in the register of the legation or consulate under his charge, and report the fact immediately to the minister of foreign relations of the Republic.
ART. 7. A Guatemalan who has entered the military service of a a foreign country, or who has accepted a public office, or who has any supplementary jurisdiction without permission from the Government of Guatemala, shall be considered as a foreigner, but he may recover his Guatemalan citizenship by complying with the requirements of articles 4 and 5.
ART. 8. A Guatemalan naturalized in an another country shall, on returning to Guatemala, be subject to the obligations of his original citizenship; and the allegation that he has been naturalized in another country shall not exempt him from bis obligations as a citizen of Guatemala.
CHAPTER 1.-Classification of foreigners. ART 9. Foreigners in Guatemala may be: (1) residents or domiciled persons; (2) nonresidents or sojourners, and (3) immigrants.
ART. 10. Foreigners may enter, reside, and settle freely in any part of the territory of Guatemala.
ART. 11. Civil rights are independent of citizenship.
ART. 12. The law recognizes no difference between a Guatemalan and a foreigner, as regards the acquisition and enjoyment of civil rights.
ART. 13. No inhabitant of Guatemala can be exempted from the fulfillment of obligations contracted in the Republic according to its laws.
ART. 14. Both Guatemalans and foreigners residing in Guatemala, or wherever they may be found, may be summoned to appear before the courts of the Republic for the performance of contracts concluded by them (even in a foreign country) in matters in which the laws of Guatemala permit them to contract.
ART. 15. Although a foreigner be absent from the country, he may be summoned to answer before its courts
I. When an action is brought concerning property situated in Guatemala.
II. When a civil action is brought on account of any crime or misdemeanor committed by a foreigner in Guatemala.
III. When an obligation is concerned which has been contracted by a foreigner, in which it is stipulated that the courts of the Republic are to decide disputes relative thereto.
ART. 16. Whenever an obligation is concerned which has been contracted in a foreign country, the laws of the country in which it was contracted shall always serve for the judgment of the contract, so far as it is not prohibited by the laws of the Republic. The laws of Guatemala shall be paramount only when the contracting parties submit to them.
ART. 17. A Guatemalan woman married to a foreigner, or a foreign woman married to a Guatemalan, take the nationality of their respective husbands. If they become widows, the former recovers and the latter retains her Guatemalan nationality, provided they reside in the Republic.
ART. 18. The fulfillment of obligations contracted in a foreign country between foreigners not domiciled can not be demanded in Guatemala, unless they are willing to abide by the decision of the courts of the Republic.
ART. 19. A change of nationality or citizenship shall have no retroactive effect.
CHAPTER II.-Inhabitants and non-residents.
ART. 20. The domicile of a person is the place where he usually resides; if he has no customary place of residence, it is his principal place of business; if he has neither, his domicile is considered to be the place where he is found.
ART. 21. The domicile of a minor child, not emancipated, is that of the person under whose guardianship he is.
ART. 22. The domicile of a minor child who is not under parental authority, and of a person of full age who is incapacitated, is that of his guardian.
ART. 23. The domicile of a married woman, if she is not separated from her husband, is his domicile; it she is separated from him, she is subject to the provisions of article 20.
ART. 24. Those who serve a person and live in his house, whether minors or of age, have the same domicile as the person whom they serve; but if they are minors, and own property that is in charge of a guardian, their domicile shall be that of their guardian, so far as their property is concerned.
ART. 25. The domicile of those who are serving out a sentence is the place where they are serving it, as regards their judicial relations subsequent to the sentence; as to their previous relations, they shall retain their last domicile. Those who are simply condemned to exile shall retain their former domicile.
ART. 26. The wife and children of a person sentenced to banishment. who do not accompany him to his place of exile, shall not have as their domicile that of the husband and father, but their own, according to the provisions of the foregoing articles.
ART. 27. The domicile of corporations, associations, and establishments recognized by law is the place where their principal office is situated, subject to the provisions of their statutes or by-laws, provided that the domicile therein designated is within the territory thereunto subject.
ART. 28. When there are circumstances which constitute a civil domicile, as regards the same person in several localities, it is to be understood that such person has his domicile in all the localities con. cerned; but if things are concerned which imply special relation to one of the said localities, that locality alone shall, so far as such cases are concerned, be the civil domicile of the person.
ART. 29. A person is not presumed to have the intention of remaining, and does not, therefore, acquire civil domicile in a place from the mere fact of his having dwelt there for some time in his own house, or in that of another, if he has a domestic establishment elsewhere, or if it appears, from any other circumstance, that his residence is acci. dental, like that of a traveler, that of a person engaged in the performance of a temporary commission, or that of one doing business as a traveling vendor or commercial traveler.
ART. 30. No person shall prevent the inhabitants of any town from changing their residence.
ART.31. The inhabitants of any place, be they native or foreign born, shall be liable to the charges and municipal taxes of their place of residence.
ART. 32. A transient person is one who is stopping temporarily in a place.
ART. 33. Transient persons shall not enjoy the rights or be subject to the charges to which residents are subject.
ART. 34. Foreigners who are not domiciled, and whose personal identity, together with the object of their being in the country, is not declared within three months, shall be considered as immigrants.
SOLE CHAPTER.-Of registration and its effects. ART. 35. The registration of foreigners consists of the inscription of their names and nationality in a book kept for that purpose at the ministry of foreign relations of the Republic.
ART. 36. A foreigner who desires to be registered, and who is at the capital of the Republic, must make application to the ministry of foreign relations or to the political chief of the proper department, furnishing evidence of his nationality, together with at least one of the documents hereinafter named:
I. A certificate from the diplomatic agent or from a consular officer accredited in the Republic, stating that the interested party is a native of the country represented by the aforesaid diplomatic agent or consular officer.
II. The passport with which the applicant has entered the Republic, authenticated in due form.
III. His certificate of naturalization, authenticated likewise; and only when sufficient evidence shall be presented of its destruction or loss, or to the effect that this document is not necessary according to the law of the country in which it should have been issued, shall other evidence of equal value be accepted to the effect that the interested party has legally obtained his alleged naturalization.
ART. 37. Nevertheless, in case of the party being placed on trial, the civil or executive authorities, or any person who is interested, may impugn those documents and prove their spuriousness, in case of necessity.
ART. 38. The evidence of the applicant's nationality, together with his personal description, having been sent to the ministry of foreign relations by the proper officer, it shall there be registered, and a certificate to that effect shall be given to the foreigner on payment by him of one dollar, which shall be the sole registration fee.
ART. 39. Registration constitutes merely a legal presumption that the foreigner's nationality is that which he claims, and proof to the contrary may be presented.
ART. 40. Registration may be proved by the certificate thereof, signed and issued by the minister of foreign relations, who alone has authority to sign and issue such certificates.
ART. 41. No magistrate or public officer shall recognize a person as being of any particular foreign nationality, unless such person shall present his certificate of registration.
ART. 42. A foreigner shall have the following rights:
I. The right to appeal to the treaties and conventions existing between Guatemala and his own nation.
II. The right to apply to his country for diplomatic protection, in accordance with the provisions of this decree.
III. The benefit of reciprocity.
SOLE CHAPTER.—Political status of foreigners. ART 43. Foreigners residing in Guatemala as dorniciled persons or sojourners (transients) shall have their rights guaranteed :
To the security and protection of their persons, property, dwelling, and correspondence in the same manner as native citizens.
To express and publish their views, subject to the limitations fixed by law, both by word of mouth and in writing. They may, moreover, be managers, owners, or responsible representatives of newspapers or periodicals of any kind whatever. They shall, however, in all cases, conform to the laws of the country, just as native citizens are required to do, and shall not be at liberty to appeal to diplomatic protection on account of the responsibilities that they may incur.
To address written petitions to the public authorities, just as is done by native Guatemalans to the authorities and their agents.
To the exercise of their religious worship according to the constitution, and with the limitations of universal morality and those established by the police regulations.
To have justice administered to them by the courts and authorities in such cases and in such ways as are provided for by the laws which define the competency of the said courts and authorities.
ART. 44. Inasmuch as these privileges are attributes of (Guatemalan) nationality, no foreigner shall be a voter or be eligible to any public office whose incumbent is chosen by the popular vote; exercise judicial functions or those auxiliary thereto; hold any canonically conferred ecclesiastical office without having been specially authorized to do so by the Guatemalan Government, it being understood that when a foreigner makes such an application, and it is granted by the Government, such foreigner renounces the protection of his country, so far as the discharge of the duties of his office are concerned.
ART. 45. They shall not be at liberty to practice professions for which a professional title is required, without first having gone through the course of study required by the law concerning public instruction or by the treaties; the Government may, however, freely authorize foreigners to fill positions as professors in universities and as teachers in high
schools, as well as to practice professions not yet established in the Republic, when the propriety of so doing is manifest owing to the excellent records and high attainments of such foreigners.
ART. 46. In order to determine the obligations of foreigners with respect to military service, the following is to be borne in mind: That all persons are to be held to the strict performance of such service who, having a right on attaining their majority, to make choice of a foreign nationality, shall fail to exhibit to the civil or military authorities of the Republic documents showing that they have fulfilled said obligation in the country of their choice (option) or that they have been exempted therefrom on account of some cause that, according to Guatemalan law, is sufficient.
CHAPTER I.-Of the civil status of foreigners.
ART. 47. Foreigners shall enjoy in Guatemala all the civil rights that the laws grant to Guatemalans.
Corporations, establishments, and associations recognized by law shall be considered as legal persons for the exercise of said rights.
ART. 48. The laws of Guatemala are binding upon all who are in Guatemalan territory, without distinction of nationality. The status and capacity of persons, together with their family relations, shall be regulated by the laws of the nation to which they belong.
ART. 49. In no case shall the laws, contracts, or sentences of a for eign country, or arrangements and private agreements annul the prohibitory laws of the Republic which relate to persons, property, or contracts, or those which in anywise relate to public order and good inorals.
ART. 50. Foreign persons shall enjoy all family rights; they may, consequently, constitute a family and contract marriage in Guatemala with other foreigners or with natives.
CHAPTER II.-Of marriages. ART. 51. A marriage contracted between two foreigners, outside of Guatemalan territory, that is valid according to the laws of the country in which it was contracted, shall be fully valid in Guatemala.
ART. 52. Marriages are valid.when contracted between foreigners or between a foreiguer and a Guatemalan, both of whom reside in the country, according to the laws of their respective nations. Consequently, such marriages shall have the civil effects that are recognized by this law in respect to marriages contracted by natives of the same country, according to the civil code.
ART. 53. A marriage contracted in a foreign country between Guatemalans, or between a Guatemalan and a foreign woman, or between a foreigner and a Guatemalan woman, shall likewise have the proper civil effects in the national terri if it is shown that it was solemn. ized in the form and in compliance with the requirements established by law in the locality in which it took place, and that the Guatemalan has not violated the provisions of the civil code relative to the capacity to contract marriage and to the consent of the ascendants or of the person from whom it is proper to obtain it.
ART. 54. In urgent cases, in which it is impossible to apply to the authorities of the Republic, consent may be given by the minister or consul residing in the place where the marriage is to take place, or by