Simple English definitions for legal terms
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The droit d'aubaine was a law in France that allowed the king to take the property of a foreigner who died in France, even if they had a will. This law was abolished in 1819, but it was sometimes not enforced and had exceptions for certain groups of people. Basically, it meant that if you were a foreigner and died in France, the king could take your stuff.
Droit d'aubaine (drwah doh-ben) is a legal term that refers to a sovereign's right to the property of a deceased alien, regardless of whether the alien had a will. This right was primarily exercised in France, where it was revived in some form by Napoleon after its initial abolishment in 1790. It was ultimately abolished in 1819.
For example, under the French rule of law, known as the droit d'aubaine, the whole property of an alien dying in France without leaving children born in that country escheated to the crown. The royal right was not universally exacted, and at a very early period special exceptions were introduced in favour of certain classes. Thus Louis XI exempted merchants of Brabant, Flanders, Holland, and Zealand from the operation of the law, and a similar privilege was extended by Henri II to merchants of the Hanse towns, and from Scotland.
The term droit d'aubaine refers to a legal concept that was primarily used in France. It gave the sovereign the right to the property of a deceased alien, regardless of whether the alien had a will. This meant that if an alien died in France without leaving any children born in that country, their property would go to the crown. However, there were exceptions to this rule, such as exemptions for certain classes of people, like merchants from specific regions.
The examples provided illustrate how the droit d'aubaine worked in practice. For instance, Louis XI exempted merchants of Brabant, Flanders, Holland, and Zealand from the operation of the law, while Henri II extended a similar privilege to merchants of the Hanse towns and Scotland. These exemptions show that the droit d'aubaine was not always strictly enforced and that certain groups of people were able to avoid its effects.