جمشید میرزائی

A condition in a contract that creates rights and obligations for the parties, the implementation of which causes damage to one of the parties to the contract, is called an unfair condition. Such a condition is entered into the contract due to the position of weakness and strength of the parties, or in other words, the greater bargaining power of one of the parties. The creation of such a situation in some contracts caused justice seekers to pay more attention to the terms included in the contract and seek to establish justice-oriented laws in an effort to protect the vulnerable. Therefore, the importance of the issue made the aforementioned issue to be investigated in a descriptive-analytical and comparative manner in the legal systems of Iran and the United States of America. At first, the components of recognizing unfair conditions were examined. After that, the studied issue was stated in the aforementioned legal systems. In the end, it was concluded that the Iranian legislator with legal and contractual adjustment and the American legislator with a concept called "doctrine of unreasonableness" have supported the injured party from unfair terms.

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,

Losses and losses that occur from defamation of dignity, reputation or damage to the social or personal reputation of a person and lead to physical, mental and emotional injuries are known as spiritual damage. Compensation for the moral damages of the victims of obvious violations of human rights is one of the well-known fundamental moral principles of human rights. In this research, the aim is to investigate the moral dimensions of moral damage in the victims of human rights violations and the methods of compensation in international documents.

Since the methods of compensation for moral damage in international documents are more diverse compared to domestic laws, studying these documents will facilitate the identification of commonalities, differences and points of silence in domestic laws. These studies will help to interpret, modify, adjust the differences and fill legal gaps regarding non-material methods of compensation. In order for the victims to make their voice heard by the compensation trustees, there are various mechanisms available. In fact, all the documents and organizational structures of the United Nations, including binding and non-binding documents, as well as its specialized committees, are on the right to compensation for the victims of violations. Human rights have been emphasized and only the type and amount of compensation has been proposed depending on the nature of the damages and the needs of the victims.

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.

According to the general rules that exist in almost all legal systems, including the legal system of Iran, in addition to material damages that must be compensated to individuals, there are also moral damages, although it is possible that material damages can be compensated by restoring the previous situation. be compensated, but in connection with moral damages, due to the difficulty in assessing the amount of damages and the variety of types of moral damages that are incurred, the method of compensating these types of damages is also different. Although in some cases it is possible to compensate for moral damages by paying monetary amounts, sometimes demanding nominal damages or an official apology in the official newspaper, etc. can compensate for moral damages. In any case, in the upcoming research, the two legal systems of Iran and England will be considered from the point of view of the foundations and sources of moral compensation. The main question raised in this research is what are the foundations and sources of compensation for moral damages in the legal systems of Iran and England? The result of the present research shows that the principles of compensation for moral damage are the same as the principles of compensation for material damage in Iran's legal system, and there are rules such as the rule of harmlessness, the rule of respect, etc. in this field.

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.

Corona virus crisis is an important issue, with numerous dimensions in social, governmental, security and media aspects, in addition to the individual dimension. Among these, the mission of the government is of special importance. This research seeks to provide a suitable basis against the damages caused by the corona virus, via examining various philosophical bases and legal documents of the government's civil responsibility.

This research is theoretical, and the research method is descriptive and analytical. Collection of information is library-based, and achieved by referring to documents, books and articles.

Theories such as public interest, guarantee of rights, guarantee of legitimacy, insurance obligations, and social sponsorship comprise the most important philosophical foundations of government legitimacy; In addition, the legal documentation of the government's civil liability in the face of the Corona crisis is based on the Constitution, common law, the rules of the National Anti-Corona Headquarters and international law. With regard to this type of damages, we will have no choice but to resort to philosophical foundations that lead to public law and distributive justice.

One of the most important results of this study is to pay attention to new solutions in the field of unavoidable damages, such as damages caused by natural disasters, such as corona. In this regard, the public natural disaster insurance fund of the country is one of the important and mandatory needs.

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.

Limiting the ownership of individuals in the implementation of approved urban plans is one of the challenging cases in urban planning law. It is obvious that when there is a conflict between two interests, you should choose an interest that includes a larger number of people in the society. Therefore, in the confrontation between private and public interests, priority is given to the public interest, which can be easily justified using general legal rules and principles.In the current research, the author has investigated the legal rules and regulations and judicial procedure in this field and the challenges in the two legal systems of Iran and France using the library method. What can be inferred from the comparison of the two legal systems and legislative developments in the field of urban planning rights and the institution of expropriation due to public interest is that the said institution has a long history in French law and has gone through many ups and downs, and the judicial procedure in This field has worked much more dynamically and effectively, but Iran's law in this field is younger and does not have the necessary efficiency. Therefore, it is suggested to the legislator, in order to protect the private property of individuals, by taking advantage of the successful experiences of other legal systems, including French law, to enact clear and transparent laws and to consider the guarantee of effective implementation for them, so as to avoid ambiguity and summaries of the law, so as not to witness the mismanagement of some offending institutions.

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 health of society is the result of Godchr('39')s grace to humanity. Due to the supervision of the rule of account, the government should observe and have a sense of prudence and required precautions, and also it must behave wisely. The necessity of public health is considered as a principle of social life. The trustees of nature sometimes not only don’t observe the protection of nature, but also are a threat to the health of nature and human society by their actions. Jurisprudence and law, as two inseparable links and complement each other, are tools to use the inspirational messages of Islam to tariff the scene of the creation of glory to human beings; otherwise oblige the harmful to repair the damage. Although particulate matter has long dominated the health of all, its increasing trend in recent decades can be the product of natural affairs or the result of human activities; this is the deduction of health to the present world. The result of the realization of civil liability for health is restoration to its former state, which is not properly codified in our law at the moment. For example, the payment of compensation to the Treasury Fund itself is a flawed reason for civil liability goals. In this case, support for the health of the community and methods of restoring it to its pre-injury state, despite having rich jurisprudence and tradition, and in order to eliminate and prevent the process of dust, have not been expressed to prevent the pollution of the community in the first place. In this situation, we cannot inherit it for the future, unless the laws of our country in the field of health and environmental protection are revised.

In general, money laundering is the form of any act or act of action to hide or change the identity of illicit earnings as it pretends to originate from legal sources. Today, crime has become a business and trade, so that some organizations income is more than the income of many countries in the world. For this reason, most criminals worldwide have financial incentives. Money laundering is a form of financial crime, in which the origin and characteristics of illicit transactions such as terrorist acts, human trade, arms trade, and corruption of others are ambiguous, and the entry and exit streams are planned in such a way that the legal form becomes legitimate. One of the ways that facilitate money laundering in Iran's economic system is bank check. In this regard, the legislator has tried to block reforms such as the prohibition of issuing clearance in the form of registration and the necessity of registration and the possibility of recording it in the banking system, in practice with the descriptive- analytical method, in detail and the conclusion and conclusion about the aforementioned discussion.

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.

Considering the importance of Ashura in the culture of Iranian society, the present research attempted to study the Ashura rituals with the help of one of the prominent analytical tools in the social sciences, the Weberian concept of "Ideal type". The questions of the study are: whether the ideal type of Weber can be adapted to the rites of Ashura mourning? What are the most important empirical findings of this concept in the field of Ashura mourning? Our research method was the qualitative method and the research strategy was the abductive strategy. That is, to understand the actors' actions and to classify them, we employ a dynamic approach to the problem of research. To gather the data, we used theoretical sampling and interviewed 32 respondents. In addition, a thematic analysis technique (coding operation, data classification, etc.) was used to achieve an analytical typology.The findings showed that mourners' actions can be grouped under four types: traditionalists, formalists, ethnocentric and religious modernists. These four types are different in terms of the discourse, the purpose, the amount of television access, the main characters of the assemblies, the basics, and the audience. Of course, this typology is a descriptive-analytic study of actors of these rituals and does not necessarily mean that all the characteristics mentioned are found only in one type or that there is an exact boundary between them.

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.