سارا آقایی

One of the obligations of the carrier in sea transportation contracts is to follow the contractual route or the appropriate route, the violation of which can deprive the carrier of some contractual rights. Usually, in the contract of carriage or in the bill of lading, the appropriate route for the sea voyage is specified, and if it is not determined, the direct geographic route between the loading port and the unloading port is considered the appropriate route. In cases where there is more than one geographical direct route, the most common route is considered the appropriate route. Deviation of the ship from the contractual route or the appropriate route is one of the most common and common violations in marine transportation contracts, which is known as a serious action in maritime transportation by having effects such as the lack of obligation of the insurer to compensate for damages since the deviation from the route occurs. In maritime transport contracts, the parties seek to include terms that can flex the rules governing the agreement and the effects of breach of obligation.  The condition of freedom in deviating from the route is included in the contract as a legal solution to neutralize the effects of the ship deviating from the route in favor of the transport operators. The mentioned condition is known as a correct condition in the law of England and America. In English law, the condition of freedom in deviating from the route has legal validity, but at the same time, the said condition should not provide grounds for the carrier's violation and evasion of responsibility. Therefore, in most cases, by measuring the possibility of invoking the said condition based on the standard of reasonableness of the deviation, they explain the possibility of invoking the condition and the scope of its application.In American law, the condition of freedom in deviating from the route is recognized as an exemption from liability and as an exception to paragraph 2 of article 3 of the 1936 Maritime Law. In this legal system, the possibility of including the condition of freedom in deviating from the route in favor of the carrier is recognized by the agreement of the parties in the contract. In order to provide an interpretation with the aim of proving the compatibility between two different and apparently conflicting articles in the discussion of the liability of the carrier, the American jurists considered the exemption from responsibility based on the condition of freedom to deviate from the route as an exception to the primary responsibility determined in paragraph 2 of Article 3 are In fact, contrary to the English legal system, in which the condition of freedom is viewed as a matter for explaining the territory of the contract; The American legal system places it in the list of exceptions to the responsibility of the carrier.The reasoning of the American courts in facing the cases related to the deviation of the ship from the route, in which the condition of freedom in favor of the carrier to change the route is included, expresses the acceptance of the views of the lawyers and the alignment of the courts in the way of interpreting the articles of the 1936 Law of Sea Transportation of Goods.Examining the validity and legal position of the condition of freedom in deviating from the route in Iranian law requires that the question related to the validity or invalidity of the said condition be answered first, and then, assuming it is true, the effect of this condition on the contract and the responsibility of the carrier should be examined. The explanation of the correctness or invalidity of the condition of freedom in deviating from the route depends on the nature and type of obligation of the carrier and its exclusion from the scope of the cases that are known as invalid conditions in the general rules of contracts.In Iranian law, taking into account that the cases of justified deviation from the route have been specified in paragraph 4 of article 55 of the amended Iranian Maritime Law of 2013, the question is raised that any change of route based on the condition stated in the contract and outside of the cases mentioned in the last article Is it illegal? In fact, this question should be answered that by specifying the sea voyage route in the bill of lading and allocating one of its clauses to the condition of freedom to deviate from the route, are there two conflicting clauses in the contract or bill of lading?  Clause 4, Article 55 of Iran's Maritime Law, is a regulation that explains the scope of application of the condition of freedom to deviate from the course by taking into account its provisions, and the validity of the condition of freedom to deviate from the course, as well as the limits and loopholes of its application, is examined according to the principles of interpretation of contracts. will be One of the most important principles of interpretation used by the courts is the interpretation of the contract as a whole unit. This means that if in the transport contract or bill of lading, there is a specific route to carry out a sea voyage and in another article, the condition of freedom to deviate from the route agreed upon by the parties, using this method of interpretation that the courts are required to apply, the interpretation of the contract must be It should be done in a way that all its components and conditions are considered validThis research has explained the validity of the condition of freedom for deviating from the route in sea transportation contracts with analytical-descriptive method and using library data.

Due to the importance of the carriage of goods through proper route and the effects of deviation, this article tries to trace the effects of unjustified deviation from the route on the validity of shipping documents, the liability of the carrier to compensate damages and the carrier’s right to invoke the contractual and legal defenses and limitations of liability. In the English legal system, no-deviation is an implied terms, in case of its breach the cargo owner can approve or repudiate the contract of carriage. In case of repudiation, the carrier is strictly liable for compensating the damages and has no right to invoke the contractual and legal defenses and limitations of liability. In contrast, in the Iranian legal system, which is based on the Hague Rules, due to the lack of explicit legal provisions prohibiting deviation, it can be argued that in accordance with the Rotterdam Convention, if the deviation is unreasonable, the carriage contract remains valid and in addition to the obligation to compensate the damages, the carrier has the right to invoke the exceptions and limitations of liability contained in the contract, the law and the Hague rules.

Introduction Objective:

Mental health status of nursing students who have an important role in promoting of community health ,is one of the important missions of nursing education. Mental health status of nursing students  who play an important role in community health services in the COVID 19 pandemic,has special importance. Therefore, this study was conducted to determine the mental health status of nursing students in the School of Nursing of Sari Azad University during the covid-19 pandemic.

The present study is a cross-sectional descriptive-analytical study that was performed by census method on all nursing students of Sari Azad University. Data collection tools were demographic questionnaire and 12-item mental health questionnaire (GHQ-12).

Totally, 278 participants completed the study that 70 participants (25.2%) worked in the COVID 19 hospitals and 208 participants (74.8%) didn’t work. The highest average of mental health score was related to First year students (5±3.10) and the lowest average of mental health score was related to Sixth semester students(3.7±2.51).Also, average of mental health score was significantly higher in participants who had contact with covid 19 patients than others,it is indicated  poor mental health in them(p-value <0.05).

According to the findings, it is necessary to pay attention to the mental health of nursing students during the corona pandemic: therefore, it is suggested that have an effective role in improvement of mental health of nursing students by holding mental health workshops and changing the conditions of educational environments during the Covid 19 Pandemic  and providing counseling .

Cultural criminology as a theoretical approach focused on cultural context of crime and delinquency is a product of the 1990s. This criminology because of qualitative methodology is at the opposite point of quantitative criminology and in the direction of conceptualization of criminal phenomena has special attention to dynamic cultural elements in and out of offender therefore trying to understand empathy and deep understanding of emotions, excitements, enjoys and ecstasy related to some of crimes. Focus on this factors and use from ethnography has caused analytical route of cultural criminology efficient and feasible in field of juvenile delinquency in the postmodernism world. Carnival in the form of metaphorical conception to be referred to offenders’ second life is an unmatched tool for study in this modern criminology.

Cultural Criminology as a modern approach in Criminology, Sociology and Criminal Justice, examines the balance between the context of culture and criminal process in contemporary social life. A part of the meaning of Culture from this Criminology point of view focuses on the dynamicity of mass media which significantly concerns criminal subcultures. This particular field uses the notions of cultural studies, the theory of postmodernism and sociological views such as the Interactionist Tradition as well as the Media Content Analysis Method, to investigate the relations between crime and media considering the usage of meaning, symbol and image. In this regard, Cultural Criminology investigates the impact of the mass media’s role in generating moral fears of crime, as well as expanding penal populism approaches in terms of concepts such as moral entrepreneurs and cultural hegemons. Furthermore, this Criminology analyzes the role and influence of media types in crime through education and modeling mechanisms under the influence of capitalist flow. This Descriptive- Analytical article seeks to answer the question of how criminology looks at the mass media and what the implications of media roles and functions are. The results show that this Criminology implements new elements, such as power, to an analytical media of crime and considers crime as the construct of the media, in the same way as it can be the construct of other cultural phenomena.

Seeking ways for finding solution in relation to crime and ways for preventing from crime and effective methods for confronting criminals have been studied since many centuries ago by thinkers and criminologists. In this way always it was attempted that by using different tools to prevent from occurring crime and do some actions for decreasing the rate of crime that meanwhile applying punishments for intimidating potential and actual criminals is among one of these levers. This is kind of lever that with depending on concept of prevention and by showing the application of guarantee of penal enforcement on criminals intends to effectively fight against with criminal motivations.

Man has always preoccupied with the notion of wiping out the tsunami of crime –because of disturbing the public order and causing much problems on interpersonal relationships –and hence, the realization of this lifelong dream in the course of history has resulted in proposing various plans & systems.These theories –based on their own tools- have aimed to effectively deal with the problem of Crime and there stands the “the deterrent punishment theory” as one of the oldest ones, which has introduced deterrence and making example as the ultimate goal of punishment from the beginning till now.However, the theory of deterrent punishment has focused on these aspects to control and restrain the real frequency of crimes and at last it is intended to establish peace and security throughout the society. Thus, in the first step, we discuss the goals and objectives of punishment in short and then, we will explain the theory of deterrent punishment in detail and its history of origin and the critiques in literature, and finally a summary of its results and outcomes in addition to complementary tools will be presented.