Ana Rita Gil and Nuno Piçarra Art. 8 included, in addition to the causes listed in the 1822 Constitution, loss of citizenship as a consequence of banishment. The 1838 Constitution stayed in force until 1842 when the 1826 Constitutional Charter was restored. During this period, ius sanguinis dominated citizenship law. Art. 6(I) of the 1838 Constitution stated that the child of a Portuguese father was Portuguese, whether the child was born in Portugal or not (ius sanguinis a pater). Two new features were brought in concerning ius sanguinis a mater: on the one hand, an illegitimate child born to a Portuguese mother was Portuguese if born in Portugal; if the child was born abroad it was only Portuguese if it took up residence in Portugal. On the other hand, ius sanguinis a mater became relevant for legitimate children, since the child born to a Portuguese mother and a foreign father would be Portuguese if he or she was born in Portugal and did not declare a preference for other citizenship. Regarding the loss of citizenship, art. 7, like art. 8 of the 1826 Constitutional Charter, set out three causes: a criminal conviction which meant the loss of citizenship, naturalisation in a foreign country, or acceptance, without government permission, of an honour or reward from a foreign government. 2.3. The 1867 Civil Code: mixed system with the prevalence of ius soli The 1867 Civil Code adopted a mixed system of acquisition of citizenship at birth, with prevalence being given to ius soli, although it was of less influence than in the Charter (Ramos 1992: 30). Art. 18 stated that children born on Portuguese soil to a Portuguese father (or illegitimately to a Portuguese mother) were Portuguese. In addition, children born in Portugal to a foreign father (who was not in Portugal in his country’s service) were Portuguese, unless they declared that they were not.8 This possibility of opting for the father’s citizenship by expression of intent9 reduced the weight of ius soli (Ferreira 1870: 40; Gonçalves 1929: 518), in comparison with the Constitutional Charter (which did not allow such a possibility). Lastly, all those who were born on Portuguese soil to unknown parents or parents of unknown citizenship were also deemed Portuguese. The Civil Code also included ius sanguinis a pater: children born abroad to a Portuguese on the crown’s service were considered to be Portuguese (art. 18(5)). Ius sanguinis was still conditional in other cases, since children born abroad to a Portuguese father (or illegitimately to a Portuguese mother)10 would only acquire Portuguese citizenship at birth should they take up residence in Portugal or declare that they wanted to be Portuguese (art. 18(3)).11 The Civil Code provided for two ways to acquire citizenship after birth, specifically ex lege acquisition of Portuguese citizenship by a foreign woman who married a Portuguese man and naturalisation via a discretionary government act,12 provided that the foreign national met the following legal requirements set out in art. 19:13 8 Should the statement declining Portuguese nationality have been made by the minor’s legal agent, he or she can withdraw it when he or she comes of age (art. 18(2)). 9 By the person in question (if over the age of majority) or by the legal agent (if under age). 10 The Civil Code kept the traditional limitation of ius sanguinis a mater to illegitimate children. 11 The possibility of making this declaration instead of meeting the residence condition (not foreseen in the 1826 Charter), however, places greater emphasis on ius sanguinis. 12 The Minister of Justice was the competent authority for granting or refusing naturalisation. 13 Prior to the amendments made in 1910, the only requirements of foreign citizens were that they had reached the age of maturity; had means of subsistence and had lived on Portuguese soil for at least one year. Foreign 4 RSCAS/GLOBALCIT-CR 2020/1- © 2020 Author