Guarantee: Obtaining property or not

Abstract

The transferring of property depends on the agreement of its owner. It is not acceptable to imagine that a person could be as owner unless there is a reason of gaining of property. Changing the owner lack of his wish may seem at first glance intractable idea and not acceptable by Islam Jurisprudence. However, if we studied this case in depth we could find some application in both Islamic Jurisprudence and civil law In this research, the owner could be changer according to the provisions of law for many justifications which call for stability in our legal life and the like hood of the first interest. The guarantee which result from the changing the title take place by usurper or destructive which leads to make the title also changed before the irregularity or Damage which lead to the change the title.