- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
168

(1916) Author: Alfons Heyking - Tema: Russia
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іб 8

MINORS AND WIDOWS ABROAD. P. v., Сн. viii.

of her husband she is the lawful guardian of her children.1 From
the above it would appear, therefore, that the duties of a Russian
Consular Officer towards a Russian widow are limited to protecting her
from possible oppression.

The mother of a child born out of wedlock has the same rights
and duties towards her child as the parent of a legitimate child.2
The family name of an illegitimate child may be either the patronymic
of the father or godfather, with the consent of the mother and of
her father if he is alive, or the family name of the mother.3 Although
there is no provision in Russian law for determining the nationality of
illegitimate children, whose mothers are of Russian nationality, when
they are born abroad, it is manifest that they must be of Russian
nationality, as they are not entitled to take the nationality of their
fathers. Illegitimate children born of Russian women abroad are,
therefore, also under the guardianship of Russian Consular Officers.

In like manner, Russian Consular Officers are the lawful guardians
’of children of Russian subjects who have become foreign subjects
without first procuring their lawful release from Russian subjection,
and who were, therefore, still Russian subjects at the time of their
death.4

In order to preserve permanently all the rights of guardianship,
Consular Officers must be recognised in their capacity as guardian in
each separate case by the lawful Russian authority.

CHAPTER IX.—Lunatic Russian Subjects.

§144.
Consular
Protection
of Lunatic
Russian
Subjects.

The Consular Service includes no class of duties requiring greater
delicacy or circumspection on the part of Consular Officer than that
of protecting compatriots who have lost their reason.

The task is comparatively simple in the case of persons whose
insanity is an established fact, and who have in consequence been
deprived of the right to dispose of their persons or property. But, it
is a very different matter when the person in question has only lately
lost his reason, has not been formally pronounced insane by law, is
not dangerous to the public, and still enjoys the judicial capacity to
conclude acts, to testify in courts of law, to dispose of property by
will, etc. In such case the Consul must act with all prudence and
discretion. In Consular practice it frequently happens that a person
is supposed to be insane because of certain acts or peculiarities of
behaviour, and the Consul is invited to interfere in the interests of the
person himself. The Consul must consider the probable consequences
—which might be very serious for him—of interfering with the private
affairs of an individual whose insanity is not yet an established fact,
and who indeed, may not be insane at all. In the practice of the

1 Code of Civil Laws, Arts. 230 & 231. 2 Ibid., Art. 132.

3 Ibid., Arts. 192 & 132.

4 See " .Naturalisation and Release from Russian Nationality."

.§ 144.

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