Legal Definitions - droit d'aubaine

Droit d'aubaine was a historical legal principle, primarily enforced in France, that granted the sovereign (the king or ruling power) the right to claim the property of any foreigner (an "alien") who died within their territory. This right applied regardless of whether the deceased foreigner had left a will or had heirs in their home country. Essentially, upon the death of a non-citizen, their assets would revert to the Crown.

Here are a few scenarios illustrating how droit d'aubaine would have applied:

• A Dutch Merchant's Estate: Imagine a wealthy Dutch spice merchant who, in the 17th century, had established a thriving business and residence in the port city of Bordeaux, France. Upon his sudden death, he left behind substantial assets including warehouses full of goods, a large sum of money, and a valuable property. Even though he had a valid will stipulating that all his possessions should go to his family in Amsterdam, the French Crown could invoke droit d'aubaine to seize these assets, overriding his testamentary wishes and preventing his foreign heirs from inheriting.
• A German Scholar's Library: Consider a renowned German philosopher who, in the early 18th century, spent decades living and teaching in Paris. He amassed an extensive and rare library, along with other personal effects. When he passed away, without any direct descendants living in France, the French authorities could claim his entire estate, including his invaluable collection of books, under the principle of droit d'aubaine, despite any claims from his family or academic institutions in Germany.
• An Italian Artisan's Workshop: Picture a highly skilled Italian glassblower who, in the 16th century, had immigrated to Lyon, France, and built a prosperous workshop, employing local apprentices. He died unexpectedly without having written a will. Under droit d'aubaine, the French Crown would have the legal right to take possession of his workshop, tools, materials, and any finished products, effectively confiscating the business that would otherwise have passed to his family in Italy or been distributed according to local inheritance laws.