The Legal Effect of Mistake in the Legal Fact of Undue Performance in the Realm of Social Security Rights

Abstract

Undue performance is a legal evident that cused civil liability of receiver. in the civil law, some objects about undue performance have been emerged and its executive guarantee has been expressed in the case of performing undue performance circumstances. The reason of being legal evident of undue performance is that after performing undue performance receiver’s necessity and legal commitment of the restitution of property arising from legal judgement. In the realm of social security, undue performance resulted from following headings of compension, costs of treatment, pension payment, social security taxes and its appurtenances. Nevertheless, neither of social security articles has pointed to the undue performance, but from the meaning of articles 36, 37, 38,65 and 66 the above mentioned, undue performance can be inferred and considered as instances of undue performance. Undue performance may be the result of making mistake in judgement or matter by social security organization, employer, alienee or workshop interests. In social security article, mistake has not been mentioned. But inferred from 37th article above mentioned, it can be said that organization realization in determining social security taxes can be proved as a mistake.

Keywords

• mistake
• undue performance
• social security
• ineffective
• legal evident