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.
     2. As the darkness of the middle ages wore away, and the light of civilization appeared, thing barbarous and inhospitable usage was by degrees discontinued, and is now nearly abolished in the civilized world. It subsisted in France, however, in full force until 1791, and afterwards, in a modified form, until 1819, when it was formally abolished by law. For the gross abuses of this feudal exaction, see Dictionaire de l'Ancien Regime et des abus feodaux. Aubain. See Albinatus jus.

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They too were given waivers from the droit d'aubaine, not to mention numerous other concessions and benefits prompted by the reflexive financial support of the crown for all things anti-English.
A number of reciprocal agreements were signed with various foreign governments between 1760 and 1782 that for all practical purposes made the droit d'aubaine a legal dead letter, although it was not officially abolished until the Revolution (then briefly revived in the Napoleonic Code before being permanently put to rest in 1819).
She approaches this topic by considering the laws affecting foreigners, particularly the droit d'aubaine and naturalization procedures.

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