In old French customs, ''aubaine'' (, ''windfall'') was an originally feudal right regulating the inheritance of goods from a foreigner who died in a country where he was not

naturalized Naturalization (or naturalisation) is the legal act or process by which a non-national of a country acquires the nationality of that country after birth. The definition of naturalization by the International Organization for Migration of the ...

. The word is formed from ''aubain'', a foreigner, which

Gilles Ménage Gilles Ménage (; 15 August 1613 – 23 July 1692) was a French scholar. Biography He was born at Angers, the son of Guillaume Ménage, king's advocate at Angers. A good memory and enthusiasm for learning carried him quickly through his lite ...

derived further from the

Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...

''alibi natus'';

Jacques Cujas Jacques Cujas (or Cujacius) (Toulouse, 1522 – Bourges, 4 October 1590) was a French legal expert. He was prominent among the legal humanists or ''mos gallicus'' school, which sought to abandon the work of the medieval Commentators and conc ...

derived from ''advena''; and

du Cange Charles du Fresne, sieur du Cange (; December 18, 1610 in Amiens – October 23, 1688 in Paris, aged 77), also known simply as Charles Dufresne, was a distinguished French philologist and historian of the Middle Ages and Byzantium. Life Educate ...

from ''albanus'', a Scot or Irishman, by the reason that these were anciently frequent travelers living abroad. The opposite of an ''aubain'' was a ''régnicole'', someone who died outside the French kingdom but was a royal subject by birth and residence. In the ''

Ancien Régime ''Ancien'' may refer to * the French word for " ancient, old" ** Société des anciens textes français * the French for "former, senior" ** Virelai ancien ** Ancien Régime ** Ancien Régime in France {{disambig ...

'', ''aubaine'' was a right of the

King of France France was ruled by monarchs from the establishment of the kingdom of West Francia in 843 until the end of the Second French Empire in 1870, with several interruptions. Classical French historiography usually regards Clovis I, king of the Fra ...

, 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 Swiss most commonly refers to: * the adjectival form of Switzerland * Swiss people Swiss may also refer to: Places * Swiss, Missouri * Swiss, North Carolina * Swiss, West Virginia * Swiss, Wisconsin Other uses * Swiss Café, an old café located ...

Savoy Savoy (; )  is a cultural-historical region in the Western Alps. Situated on the cultural boundary between Occitania and Piedmont, the area extends from Lake Geneva in the north to the Dauphiné in the south and west and to the Aosta Vall ...

ards, Scots, and Portuguese were also exempted from ''aubaine'', as they were considered naturalized. This right applied to every holder of a secular or church

fief A fief (; ) was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an overlord to a vassal, who held it in fealty or "in fee" in return for a form of feudal alle ...

. It also applied to abandoned children, but the holder of the right was the owner of the place where the child was left, who could thus recoup the costs of the care and education of the child if there were no inheritors. This right was a major risk for foreign traders at fairs, foreign contractors and workers in manufactures, mercenary soldiers, foreigners with rents or securities, and cities with large foreign populations. To give them security while generating state revenue, the right of ''aubaine'' was transformed into a tax on foreigners: for a 5% tax on the value of the property of the deceased, the king waived his right of ''aubaine'' for the nationals of

Geneva Geneva ( , ; ) ; ; . is the List of cities in Switzerland, second-most populous city in Switzerland and the most populous in French-speaking Romandy. Situated in the southwest of the country, where the Rhône exits Lake Geneva, it is the ca ...

(1608),

Holland Holland is a geographical regionG. Geerts & H. Heestermans, 1981, ''Groot Woordenboek der Nederlandse Taal. Deel I'', Van Dale Lexicografie, Utrecht, p 1105 and former provinces of the Netherlands, province on the western coast of the Netherland ...

(1685),

England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...

(1739),

Denmark Denmark is a Nordic countries, Nordic country in Northern Europe. It is the metropole and most populous constituent of the Kingdom of Denmark,, . also known as the Danish Realm, a constitutionally unitary state that includes the Autonomous a ...

(1742),

Naples Naples ( ; ; ) is the Regions of Italy, regional capital of Campania and the third-largest city of Italy, after Rome and Milan, with a population of 908,082 within the city's administrative limits as of 2025, while its Metropolitan City of N ...

Spain Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...

and other Bourbon lands in Europe (1762), the duchy of

Tuscany Tuscany ( ; ) is a Regions of Italy, region in central Italy with an area of about and a population of 3,660,834 inhabitants as of 2025. The capital city is Florence. Tuscany is known for its landscapes, history, artistic legacy, and its in ...

(1768), and the duchy of

Parma Parma (; ) is a city in the northern Italian region of Emilia-Romagna known for its architecture, Giuseppe Verdi, music, art, prosciutto (ham), Parmesan, cheese and surrounding countryside. With a population of 198,986 inhabitants as of 2025, ...

(1769). The right of ''aubaine'' was abolished by the French Revolutionary Assembly. Reinstated in the

Napoleonic Code The Napoleonic Code (), officially the Civil Code of the French (; simply referred to as ), is the French civil code established during the French Consulate in 1804 and still in force in France, although heavily and frequently amended since i ...

of 1803,''Nationalité française (débat sur la)'', in J.-F. Sirinelli (ss dir.), Dictionnaire historique de la vie politique française
, PUF, Paris, pp. 719-721 it was finally abolished in 1819 under the Restoration.

References

*{{1728, title=Aubaine , url=https://search.library.wisc.edu/digital/A4C5AV6Q7LZ5DY8E/full/A5WO3ER7RWFJLG9C Political history of the Ancien Régime Kingdom of France Law of France