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The Iranian folk culture originates from ancient time so that Iran can be considered the origin of ancient rituals and beliefs. Kermānshāh province is one of the regions rich in cultural heritage. Therefore, the beliefs of its inhabitants may well reflect the folk culture of this region. In the same vein, as an important element of folk culture and literature, the crystallization of this rich culture in these deeds is highly important and remarkable. By adopting a descriptive-analytical research methodology, the current research investigated the attributes of folk culture and literature in five deeds of Qājār Era in Kermānshāh Province. The results indicate that these texts are the best indicator to observe people's thoughts during Qājār period and can be clearly seen in the reflections of folk culture and literature. The expressions of professions, instruments, weight and quantity, titles, curse and prayer, measurement and religious rituals are among the material and spiritual elements that have been analyzed, identified and investigated in these deeds.
 

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Seyyed Mehdi Enjavi Nezhad Assistant Professor, Faculty of Law, Shiraz University   Mohammad Emami Assistant Professor, Faculty of Law, Shiraz University    Pious endowment, as a behavior that makes possible the continuity of charity has been common among various nations from long ago; however, in Islam because of the emphasis of the Holy Quran and the Muslims' care on charity affairs, it has got a more significant place, in the manner that it is discussed and scrutinized by the jurists and it's various dimensions have been taken under the juristically rules and principles. Compiling the Civil Law and allocating the articles No. 55 to 91 to it, endowment is formed as a legal foundation subject, and through the establishment of "Endowment Organization", it would be controlled by the government and Law. Expansion of the government activities in affairs such as adopting policies toward restricting the private ownership due to the fulfillment of various purposes has led to the compiling of laws that contain endowment cases, the most important of which is supervising the sale of ensoment properties and changing them to the better. In this article, the process of changes in law has been surveyed and the principles of endowment sale and changing to the better bas been clearly explained. In addition, considering the interests of endowment, the way for optimum use of endowment in the framework of full filling the real purpose of those who do it, would be prepared and the way for compiling suitable laws in this case would be paved.

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Currently, in Iran's legal system, the will of the endower has a crucial role in determining the custodian of the endowment, and the Articles 61 and 75 of the Civil Code assert that no one has the right to change or restrict the power of the explicitly determined custodian, and even in the case of treason the custodian, respecting the will of the endower, the legislator according to the Article 79 of the Civil Code foreseen to add a trustee to the custodian. However, in the legal system of Iraq, the expedient of the endowment and its beneficiaries is preferable to the will of the endower and, in accordance with the Article 19 of the Nezam Al-Motevallin if the actions of the custodian are in contradiction with the material of the endowment and its beneficiaries, due to breach of trust, the privilege of the endowment is dismissed. The results of the study of documents, laws and regulations, and the analysis of the text and content indicate that the approach of the Iraqi legal system that opts for the change of the explicitly determined custodian for the expedient of endowment and its beneficiaries has more positive effects compared with the legal system of Iran while emphasize on to keep the explicitly determined custodian for the respect of the will of the endower.