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Droit d'aubaine |
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DROIT D'AUBAINE, jus albinatus. This was a rule by which all the property of
a deceased foreigner, whether movable or immovable, was confiscated to the
use of the state, to the exclusion of his heirs, whether claiming ab
intestato, or under a will of the deceased. The word aubain signifies hospes
loci, peregrinus advena, a stranger. It is derived, according to some, from
alibi, elsewhere, natus, born, from which the word albinus is said to be
formed. Others, as Cujas, derive the word directly from advena, by which
word, aubains, or strangers, are designated in the capitularies of
Charlemagne. See Du Cange and Dictionaire de Trevoux.
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She approaches this topic by considering the laws affecting foreigners, particularly the droit d'aubaine and naturalization procedures. |
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