comparative analysis of islamic and french law approach to the gurantee to protect

the security of contractual relation is the important aims of contract law to the extent that is discussed as one of the fundamental principles in european law. the guarantee to protect is one of the affecting rules to establishing the security of contractual relation that in the iranian civil code under the incomplete influence of islamic and french law, is based on the protection of ownership of the object of sale or the consideration, and is deviated from it’s legal philosophy, that is, protection of the contractual interests,. in this article, therefor, the legal approach of islamic law and french civil law wich has been the source of civil code is considered and it is proved that the approach of both system to the purpose and basis and the social philosophy of the gurantee to protect is same, but in the caces that the object of contract is a tangible property, the views protection of islamic law is more limited on the protection of ownership, but in french law the parties contractual interests has been more regarded.