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The age of majority of people born abroad

In the period from January 31, 1920 to January 18, 1951, the rule was that until the father reached the age of majority, the loss of citizenship resulted in the loss of citizenship of the wedding child. It is therefore crucial to determine the age at which the person reached the age of majority.

After the partitions, there were several legal systems inherited from the invaders in the territory of the Republic of Poland, and on the basis of these regulations, adulthood was reached at a different age. In the Civil Code of the Kingdom of Poland, in the Civil Code in force in the Western Territories and in the Statement of Laws of the Russian Empire (in force in the Eastern Territories), the border date was 21 years, while in the Universal Book of Civil Laws in force in the former Austrian partition - as much as 24 years. The unification of these divergent systems took place only in 1946, and from that moment the adulthood is at the age of 18.

In order to determine the age at which a Polish citizen born abroad has reached the age of majority, it is necessary to determine according to which law we should define his personal capacity. Pursuant to the Act of August 2, 1926 on the law applicable to internal private relations, the personal capacity of a Polish citizen is determined according to the law in force at his place of residence. This law was in force from November 13, 1926 to January 1, 1965.

According to Art. 3 of the aforementioned Act, the place of residence is the place of residence in the territory of Poland, where the Polish citizen lives with the intention of permanent residence. If he has several places of residence, the law of the place where his main and predominant area of ​​activity is concentrated shall apply. A Polish citizen living abroad was subject to the law in force at his last place of residence in Poland.

But what if the Polish citizen did not live in Poland at all or it is impossible to establish it? Then the law of the state capital will be applicable. This regulation requires that a person born abroad who is not domiciled in Poland should be treated as if he lived in Warsaw. In practice, this means applying the provisions of the Napoleonic Code in force at the time, according to which the age of majority was reached after the age of 21.