jamshid mirzaei

Poverty and destitution have been undeniable realities in societies throughout history. In addition, the social and ethical teachings of major world religions, particularly the Abrahamic faiths, have consistently emphasized the importance of aiding the poor, incorporating religious exhortations and moral guidance to support those in need. As Shariati (2013, 84) states, “The economic ethics of all Abrahamic religions are built upon combating poverty and are intertwined with values such as benevolence, cooperation, and solidarity.” In fact, “the common approach across all religions to poverty reduction is assisting the needy—charity and religion go hand in hand” (Ranganathan and Henley 2008). This article, employing a socio-historical perspective, analyzes the causes, factors, and conditions that led to a fundamental transformation in the Catholic Church’s theoretical and practical approach to poverty and the poor.

According to the principle of freedom of contract, each of the parties to the contract is free to accept the terms of the contract and start concluding it. However, sometimes it happens that due to reasons such as economic, political and social power or higher bargaining power, one of the parties is in a weak position and imposes terms and conditions on the contract according to its superior power. In such a situation, one of the parties is in a position of weakness. This factor caused the legal systems of the world to develop regulations and mechanisms to protect the weak side of the contract. The present article has investigated the mentioned issue in the legal systems of Iran and France by using the descriptive-analytical method and using library data and considering the importance of the issue. First, this issue was examined in French law, and it was found that the French civil law has provided for the protection of the weak party of the contract, excessive hardship, contractual imbalance, and excessive obvious advantage of one of the parties. In Iranian law, by passing some laws and using the interpretation of contracts, it has been tried to support the weak side of the contract.

Violation of contractual obligations and damages caused by it is one of the most important issues that are discussed in the field of contract law. This violation can take various forms, including non-fulfillment of contractual obligations, delay in fulfilling contractual obligations, and delivery of defective goods. In legal systems such as the Islamic Republic of Iran, only material and moral damages directly caused to the injured party through breach of contract can be collected. The motivation and reason for choosing the present topic has been important in several ways. First, among the disputes related to contracts, the most disputes that arise are related to the compensation of moral damages, while Iran's legal system has not been properly updated in this area. Second, the complexity of relations. A contract in the current era has also caused several models to be accepted in the field of moral compensation. In Iran's legal systems, forcing the obligee to fulfill his obligations is intended in the first place, and compensation is only if the obligee cannot or does not have the will to fulfill his obligations. It seems that according to the two main bases of contractual liability, i.e., the right to confront, according to the provisions of verse 194 of Surah Al-Baqarah and Article 221 of the Civil Code, the provisions of the agreement of the parties in determining the scope of contractual liability, damages due to breach of contract can be claimed in the following forms. First, the benefits that the parties expect to obtain through the execution of the contract in a conventional and reasonable manner, as required by the right of reciprocity. Secondly, the costs incurred as a result of relying on the execution of the contract, as required by the law of reciprocity and that the breacher of the contract knew that by not executing the contract, the costs incurred by the other party relying on the execution of the contract would be useless and wasted. . In addition, here some kind of implicit condition can also be invoked.

n this research, we aim to analyze the challenges and gaps governing the civil liability of automobile companies from a legal perspective. In this regard, considering that the development of the civil liability system for automobile companies in general, including in the field of assembly, has taken place mainly in advanced legal systems such as the United States of America and France, it should naturally be expected that The foundations, conditions and effects of civil liability in this field have been discussed and investigated in the aforementioned legal systems in comparison to Iran. In Iran's legal system, the participation of Iranian automobile companies with foreign automobile companies and the extent of their civil liability is based on the law of encouraging and supporting foreign investment. Considering that based on Article 2 of the Law on the Implementation of General Policies, Article 44 of the Constitution, which enumerates the exclusive government activities, the automobile industry, including car assembly, is not considered among the exclusive government activities, the presence of automobile companies is possible. There has been a foreigner in Iran's economy to make this issue in the form of direct investment, which has not been provided since the victory of the Islamic Revolution. In any case, any type of contract in the field of participation in the field of automotive industry should be based on the Law on the Protection of the Rights of Automobile Consumers 2016. According to the aforementioned law, the civil liability of car manufacturing companies in the field of car assembly has been divided into two warranty periods and non-warranty periods. In the warranty period, it mentions the commitment of the car manufacturing companies in the field of safety and health of the assembled car as a commitment to the result, and therefore, proving that the car manufacturing companies are not at fault in this regard cannot cause their lack of civil liability in the aforementioned field. According to note one of article two, it cannot be less than one year or 3000 km as the case may be. Of course,

The increasing growth of the use of Application of communication technology in the world has resulted in new legal rules. In order for the comprehensive interaction of people in the use of this technology and establishing security and public trust, a special judicial system regarding it, in terms of guaranteeing internal and international judicial enforcement. The rules that generally have their own procedural rights in administrative, civil, and criminal lawsuits, and the evidence to prove their lawsuits are also unique in some cases. The increasing tendency to use information technology and the rapid and inevitable expansion of e-commerce at the international level requires the provision of necessary legal mechanisms in this regard. Considering the virtual and immaterial nature of electronic exchanges, one of the most important issues from the point of view of rights is the proof of these exchanges and the identity of the parties. Digital signatures or other mathematical cryptographic techniques that are subsets of electronic signatures make this possible. Today, electric business has opened a new arena in competition due to its speed, efficiency, cost reduction and exploitation of fleeting opportunities, so that it is said that lagging behind this path of development is the result of being isolated in the world economy. will not have In the meantime, many and varied tools have been proposed for the use and application of electronic commerce, and digital signature is one of them.

According to the Stock Exchange and Securities Law, the most important mission of the stock exchange is to protect the rights of investors, but the real protection that was intended by the legislator has not been properly realized, because the real needs of the legal development of this market have not been provided. Today, the capital market coincides with the progress of the market, the legal and rule-based progress is accompanied by legal and judicial protection of this market. Today, investing in the stock market has crossed the border of experts and has spread to the masses. Today, various people are looking for significant profits by being in this specialized and risk-taking market, and in their opinion, this market is a temporary and short-term market and of course profitable. In the meantime, the non-fulfillment of the duties and tasks of the trustees related to the market, the weakness of the government's economic forces and the advertisements of some politically and socially influential people are also added to the cause and encourage people to attend this market. Without having the slightest information about the state of this market and how it works. In this situation, where due to many economic and non-economic reasons, this market shows its true face and small and large investors suffer losses, they are looking for ways to preserve their minimum capital. Supporting investors, especially small investors, is very useful. The most important and obvious losses in this market is the decrease in the value of shares.

One of the most important points in the design and implementation of any research is choosing theappropriate method that fits the topic and goals of the research and the ability to implement thatmethod. Now, is it possible to compare human units and social realities (societies, literary and humanproducts, artistic styles, moral and legal rules, etc.)? The problem of the current research is in whatcases and how the comparative method can be used and what is the status of the research conductedwith the comparative methodology in the field of social studies in Iran. ? Methodology The current research is a descriptive-analytical research, which according to its purpose ispart of applied research, and according to the nature of its data, it is in the category of quantitativeresearch, and according to the method of data collection, it is part of documentary methods. take Thestatistical population of this research is all journals with the label "scientific-research" (5161 scientific articles).The findings of the research show that the most researches based on comparative methodology arerelated to: 1. "Literature and Languages", 2. "Law", 3. "Religious Sciences", 4. "Art" ", 5. "Social studeis,and it is.

In Iranian Law, the general rule is that damages for breach of contract are compensatory. However, punitive and deterrent damages are also regulated in some cases. Regarding the damages resulted from the contract, the issue of compensating the damages caused to the other party is a definite matter, but if the party in breach receives profits due to the breach of the contract (even if it causes damages to the other party or not), the restitution and claim of these profits is an ambiguous matter in Iranian Law. Considering that one of the important reasons for the breach of contract and the filing of numerous court cases as a result is the profiteering breach of the contract, in this article, while explaining the concept and explanation of the doctrine that governs the profits resulting from the breach of contract, conditions have been considered that these profits can be returned so that by punishing the violator of the contract, the violations that are not caused by the usual commercial hardships but with the purpose of gaining profit can be prevented. Currently, in Iranian Law, there is no place for gain-based damages, but there is a capacity to accept it, and it can be applied with a combination of conditions, these conditions are: 1. the violation must be intentional, 2. there must be an important and essential relationship between breach of contract and profit and, 3. absence of penalty clause in the contract.

The widespread spread of the corona virus (Covid-19) has led to the infection of millions of people and the death of thousands of people in the world. This issue has raised the possibility or not of the government's civil responsibility for the corona disease as an important question and has become a benchmark for the efficiency and rationality of various scientific and religious systems and schools; So that it can be considered from many aspects, including jurisprudential-legal challenges. For example, we can mention issues such as the guarantee of sovereignty and the government's civil responsibility in life and financial damages, the application of the rule of quarantine and restriction of freedom, etc. This research examines and explains the jurisprudential-legal foundations of the government's civil responsibility in the Corona crisis.

This research is of a theoretical type, the research method is descriptive and analytical and the method of collecting information is library-based, referring to documents, books and articles.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

In order to ensure people's health, it is conceivable to have appropriate and jurisprudential-legal bases for creating the responsibility of the government to prevent and compensate for the damage caused by the corona disease. By dividing the considered bases, the rule of justice, the rule of sanctity of Muslim property, maintenance of economic security and public order as general bases and the rules such La zarar and Etlaf and Tasbib have been considered and cited as special grounds for proof of compensation.

According to the aforementioned principles, the actions of the government, such as not closing the borders in time, not announcing the arrival of the corona virus in the country in a timely manner and not controlling and finding effective solutions in the fight against this virus, are examples of damage and bear responsibility.

As a general rule, the tenant is not liable for any loss or defect in the lease unless there is a breach. Rented? Explaining the situation of such a condition, considering the importance and application of this contract in custom and trust, is considered a lease contract in social relations is very necessary and essential. Some have considered the mentioned condition invalid and invalid due to its opposition to the requirements of the nature of the lease contract, and some have considered it invalid but invalid due to their opposition to the Shari'a and legal norms. It seems that the main essence of the lease agreement is the possession of the leased interest, however, being a guarantor of the tenant is not against the requirements of the lease. However, since the lease agreement is considered as an explicit provision of Articles 493 and 614 of the Civil Code, its validity may be questioned due to the imbalance between the rights and obligations of the parties under the said condition.

Damages caused by fine dust as air pollutants are numerous and varied and despite the fact that these fine dusts have destructive and harmful effects on the environment, in the field of domestic law, less attention has been paid by the legislator. The purpose of this study is to investigate the various methods of preventing criminal acts to compensate for the damage caused by fine dust.

The research method is a review study and the use of library resources.

In this study, preventive measures due to dust, law enforcement through administrative authorities (tax office), cases of control and prevention of dust in Iranian law, methods of compensation for dust, conditions of compensable damage, methods of compensation Compensation and methods of guaranteeing the principle of full compensation were examined. Studies have shown that prevention is the golden rule of law in domestic and international law. The use of tax tools and methods of prevention in various legal and criminal laws if effective It is one of the most important tools to control and reduce air pollution. Police and surveillance systems, including "prohibition", "prior authorization" and "prior notification", can be considered in relation to dust damage. the accumulation of the pillars of civil liability of the government means that the government is obliged to compensate the damages and the perpetrator of the damage must be held accountable for his wrongdoing and return to the previous situation under the pretext of exercising his right to act.

The principle of independence and domination of individuals, as well as the absence of guardianship over the affairs of others, requires that every person normally interfere and seize only his own property or affairs, and is not allowed to interfere in the affairs of others. Since managing and interfering in the affairs of others is a situation contrary to the rule and principle, the Iranian legislator has accepted the management of property of another under certain conditions in Article 306 of the Civil Code. Given that the management of non-exceptional property is based on the principle of non-guardianship over the property of others, if there is a damage to the owner of the property in the process of other property management, how and to what extent invoking and relying on the rule of bona fide affects the responsibility of the unauthorized manager? This study based on the method of rational analysis in Iranian law and common law reached this conclusion, in cases where the manager intended to repay losses from the property of others and in this regard, the out of fault loss is applied to the owner, according to the rule of bona fide, the unauthorized manager is released from responsibility.

One of the main roles of the education is to socialize students and the most relevant books on socialization is the book Social Studies and the concept of civil society institutions as a way to strengthen the process of socialization is most relevant to the books of social studies. Civil society is a public sphere between the state and the private sphere and it forms three types of voluntary institutions, namely parties, unions, and N.G.Os. This study seeks to demonstrate the conceptual place of civil society in textbooks of social studies over the past two decades. our main problem is how civil society and its examples are narrated in social studies textbooks. This research has been done in terms of the nature in the form of qualitative research with an analytical descriptive approach. Because on the one hand, it seeks to describe and recognize the existing conditions, and on the other hand, it seeks to analyze the concepts and discover the elements of civil society in the books of social studies. The statistical population of the study is 13 book of social studies of primary and secondary from the 1376 to 1398. According to The research findings, in the content of the reviewed books, a small amount of attention has been paid to civil society and etc,and the most attention (4books) is to introduce voluntary activities related to the "R.C.S". But the most prominent aspect of civil society in social studies of the eighth grade is the introduction of NGOs

Today, the subject of the environment is out of a specialized course in the field of empirical sciences (biology and health and the environment, geology, etc.) and with an interdisciplinary approach to social studies textbooks - important Most books are about socializing children and adolescents - also included. The central idea of this study is that as environmental issues directly and indirectly affect the social life of humans, they can be regarded as a social issue and a suitable subject for textbooks for social studies. On the other hand, the behavior and norms of environmental values are the central and dominant sense in these social studies. Indeed, social studies, with emphasis on environmental values and strengthening specific norms of this field, seek to raise awareness, change attitudes, develop attitudes, and … In short, we are in this paper with a qualitative content analysis research methodology to examine the position of environmental values and norms in the textbooks of primary and First high school social studies. also in this thesis, we study the late arrival of social sciences and social studies on environmental issues and then scientific competence of this field and the necessity of paying attention to environmental issues. the findings of this study show that the four primary social studies are taught by using concepts such as waste, recycling, pollution and bad water consumption, environment, habitat, and … environmental values and norms. Also, in the three books of social studies of high school, we see the breadth and variety of concepts and terms related to the subject and environmental values and norms with the help of concepts such as right, responsibility, consumerism, habitat, habitat destruction, protected area, nature. Roundabout, Environmental Protection Agency, Environment, Tourism, National Parks, International Environmental Institutions, Red List, Values and Beliefs and Norms, Environmental Value, Consumerism, Environmental Destruction Biology, productivity, green productivity, etc. are narrated and taught.

One of the main functions of the education institution is to socialize students and accelerate their socialization process. It can be said that the most relevant textbooks on socialization are social study books. On the other hand, we should consider the teaching methods, which are an integral part of the teaching profession. But it seems that besides all the variables and factors involved, one of the reasons for the ineffectiveness of teaching educational content in schools, especially social studies teaching, is the frequent and excessive use of traditional methods (lectures, explanations, etc.).This paper is written with a qualitative approach and with a descriptive-analytical approach, criticizes traditional teaching methods (disadvantages such as passivity, inflexibility, teacher activism, etc.), Two most effective strategies to teaching of social studies are: 1. "Project Strategy", 2. "Current Events Strategy". This paper analyzes the project strategy, such as the reasons, the necessity and importance of this strategy in teaching social studies, project segmentation, project outline, how to evaluate projects, various stages of knowledge project design. We learn in analyzing current events strategy of important issues such as the nature of current events strategy, features and coordination  of current events, the importance of current events strategy in teaching social studies, how to use it in social studies education, current events discussion and criteria and so on . Since this article is a kind of applied research, our target population and target audience are educational science students at Farhangian University and elementary school teacher.

One of the essential needs of human societies in contemporary era is the appropriate exploitation of land and its attachments. "Space" and "place" have always been the subject of challenge in Islamic jurisprudence and contemporary legal systems. In spite of the acceptance of subordinate ownership, its domain is controversial and has been followed by conflict in private and public rights. The elder Jurists consider exclusivity, absoluteness and permanency to be the fundamental characteristics of property rights. Accordingly, they have claimed a consensus on the boundless territory of space and the owner of the land is the owner of its space from above the ground to vacuum of space, and under the ground to the depths of the land. Many legal systems, influenced by this point of view, have enacted and codified rules and regulations. However, the needs of industrial societies and the expansion of urbanization and the necessity of urban development, such as the construction of subways and underground tunnels, the necessary drilling to access energy resources and the transmission of power transmission networks and monorail lines and aerial transit has led to more intense conflict in and interference with public and private rights. In this regard, despite the numerous views and opinions as to the negation of ownership, restriction in ownership and common manipulation of space and place, Imam Khomeini as one of the prominent jurisprudents who has accepted guardianship and governance simultaneously, has declared the subordination of land and air to personal lands to the extent of customary needs and possession of the surplus to "public property", and has brought about the combination of the two rights.

The development of today's human needs and the remarkable progress of knowledge and the construction industry have made the legal relationships between the two groups of owners and building makers more tense and more complex, and along with the ease and prosperity of public life and residence in luxurious buildings, creates High dangers and duplicate responsibilities. A look at the damage caused by the work of designers, architects, supervisors, engineers and construction executives of small and large projects shows that the failure to observe the necessary standards in one side and efforts for gaining more profits, in the other side, puts the builders in trouble and ignorance and has caused damage to owners , And for this reason, contemporary legal systems have put on the protection of the lost as one of the most important tasks on the agenda and in various ways seeks to find the proper solution and formulate binding rules and effective regulatory steps have been taken in this respect. But there is always this ambiguity that What is the type and basis of civil liability of building builders and to what extent this responsibility is capable of compensating for damage. The fact is that in this area there is no significant difference in the law of the unity of thought and the established framework in the legislative system of countries and legal doctrine. Some of the discussed systems names the responsibility (guarantee) and its basis the risk theory, and some others believe that creators have strict and sole responsibility and some proportionate to the amount of the fault know it differently and for this type of responsibility, they have determined a certain territory.

The ever-increasing expansion of urban societies and shortage of residential lands has caused to be aboveground and underground more valuable than the ground in some cases. This has led to the increasing conflict between individual and public ownership. Studying and analyzing the principles of ownership can reduce to a large extent the conflict between the private owners and custodians of urban affairs. the results of comparing the fundamentals of this type of ownership in Islamic, Iranian law and legal system of property rights in France, England, Germany, Switzerland, Egypt implies that the Controlling(Al-Taslit), Reverence(Ehteram), Compliance (Tabaiiat), Possession(Yad) and No-harm(La-Zarar) Rules are the most foundations of aboveground and underground property right. Hence the owner of the land has Possession power on them and this must be honored, as aboveground and underground are land accessories and any person who prevents legal possession of the owner, will be liable to compensate due to the damages.