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Definition: AUBAINE

Part of Speech Definition
Noun 1. Succession to the goods of a stranger not naturalized.[Websters].

Source: Webster's Revised Unabridged Dictionary (1913)

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Date "Aubaine" was first used in popular English literature: sometime before 1782. (references)

Etymology:Aubaine \Au`baine"\, noun. [French expression, from aubain an alien, from the Latin expression alibi elsewhere.]. (references)

Specialty Definition: AUBAINE

Domain Definition
Law AUBAINE, French law. When a foreigner died in France, the crown by virtue of a right called droit d'aubaine, formerly claimed all the personal property such foreigner had in France at the time of his death. This barbarous law was swept away by the French revolution of 1789. Vide Albinatus Jus. 1 Malleville's Analyse de la Discussion du Code Civil, pp. 26, 28 1 Toullier, 236, n. 265. (references)

Source: compiled by the editor from various references; see credits.

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Extended Definition: AUBAINE

Aubaine

For the town in France, see Aubaine, Côte-d'Or.
For the French wine grape, see Chardonnay.

In old French customs, aubaine was the act of inheriting goods from a stranger who died in a country where he was not naturalized. The word is formed from aubain, a foreigner, which Gilles Ménage derived further from the Latin alibi natus; Jacques Cujas derived from advena; and du Cange from albanus, a Scot or Irishman, by the reason that these were anciently frequent travelers living abroad.

Aubaine was a right formerly possessed by the King of France, allowing him to claim the inheritance of all foreigners in his dominions; exclusive of all other lords, and even of any testament the deceased could make. An ambassador, though not naturalized, was not subject to the right of aubaine. The Swiss, Savoyards, Scots, and Portuguese were also exempted from aubaine, as being reputed natives and regnicoles.

References

  • This article incorporates content from the 1728 Cyclopaedia, a publication in the public domain.
  • [1]

Source: adapted by the editor from Wikipedia, the free encyclopedia; from the article "Aubaine". Image Credit.
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