Succession to the French throne
In 1791 the French National Assembly drew up a new, written Constitution to which the King gave his assent, and which governed France for the last year of the 18th century monarchy. For the first time it was necessary to define formally, as a matter of statutory constitutional law, the system of succession, and the titles, privileges and prerogatives of the Crown. In debating the succession to the Crown the contemporary understanding of the law of succession was publicly clarified. It rebutted the assertion by some that the claim by the Spanish line is a late construct, made to satisfy the ambitions of princes deprived of other claims. Indeed, it is evident that the issue of the rights of the Spanish line to the French crown remained an important constitutional issue.
French people
During the "Ancien Régime" (before the 1789 French revolution), "jus soli" (or "right of territory") was predominant. Feudal law recognized personal allegeance to the sovereign, but the subjects of the sovereign were defined by their birthland. According to the 3 September 1791 Constitution, those who are born in France from a foreign father and have fixed their residency in France, or those who, after being born in foreign country from a French father, have come to France and have sworn their civil oath, become French citizens. Because of the war, distrust toward foreigners led to the obligation on the part of this last category to swear a civil oath in order to gain French nationality.