Master's student of criminal law and criminology, Farabi Campus, University of Tehran
Abstract
Bad al-Hilaulah" is an exchange of money that is the responsibility of the bailee, who has caused an excuse to reject the property due to one of the causes of the guarantee, such as usurpation or theft. It should not be denied, and what is meant by excuse is customary excuse, not intellectual. There are different views about the legal nature of badal hailolah, the most important of which is the theory of "possessive possession" and the theory of "badal ownership". Those who say the first view believe that Badal must be given to the owner in the form of an absolute gift, and this absolute gift will not be converted into property until the object is destroyed. Possession is accompanied by the condition of a response, which means that when the object is obtained and the usurper can fulfill his obligations regarding the rejection of the object, what he has exchanged will be returned to him.
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