Droit D’aubaine: A Historical Overview of Its Legal Definition
Definition & Meaning
The term droit d'aubaine refers to a historical legal principle that allowed the state to confiscate the property of deceased foreigners. This rule applied to both movable and immovable assets, effectively excluding the heirs of the deceased, whether they were claiming under intestacy laws or through a will. The term "aubain" translates to "stranger," while "droit" means "right" in French. This practice was in effect in France until it was abolished in 1791 and formally ended by law in 1819.
Legal Use & context
Droit d'aubaine is primarily a historical concept and is not commonly applied in modern legal practice. However, understanding this term is essential in the context of international estate law and property rights. It highlights how different jurisdictions can treat the assets of non-residents differently. Users may encounter this term when researching historical legal frameworks or in discussions about the rights of foreign heirs in estate matters.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A foreign national dies while owning property in France. Under the rule of droit d'aubaine, the state could claim the property, preventing the deceased's heirs from inheriting it.
Example 2: A foreign investor passes away, leaving behind assets in France. The heirs, regardless of their relationship to the deceased, would have no legal claim to those assets due to this rule (hypothetical example).