الماهية القانونية لبدل الحيلولة

Abstract EN

Civil law has guaranteed the performances of usurpation and has obliged the usurper to give a substitute of 133 legislators in the Provision of the usurped property in two cases.

The first case is when the same usurped is being lost and the second one is occurring when the same usurped is not lost but it is impossible to access and reject it.

What the usurper gives to the owner in the first case is a substitute of loss and what is given to the owner in the second case is called a substitute of equal value.

The legislator in Civil law just mentions these cases and does not talk about the nature of equal value.

There are different opinions among jurists about the nature of substitute of equal value, and in this study, we try to examine the history of substitute of equal value in jurisprudence and explain the opinions of jurists about the nature of substitute of equal value and interpret it, and at last, choose the right one.