The Essence and the Rules of Intervening Substitute

Abstract

According to article 311 of Iranian Civil Code, the usurper is obliged to give back the substitute of usurped property to the owner under two subsequent conditions: the first one is in the case of loss of the usurped property; the second is the case of presence without the possibility to deliver. The substitute in the first case is a substitute of loss, while in the second case it would be an intervening substitute (Badal Heilulah). Thus intervening substitute is due to the case of usurp, without the possibility of withdrawal, whether temporary or permanent.Such situation, raise the question of essence and regulations of intervening substitute and the question of ownership of its benefits in the different intervals of possession

Keywords

• grabbing
• intervening substitute (badal heilulah)
• heilulah guarantee
• proverbial substitute
• price substitute