Defense and dissertation -Mohammadzadeh


Roya Mohammadzadeh;

 Legal basis analysis of improper performance in civil law

Thesis profile

Subject of defense

Analysis of the legal basis of improper performance in civil law

defense date:

Winter 98

first name and last name

Roya Mohammadzadeh


Assesment level of evirement health of schools, case study primary schools of jolfa


Improper performance is one of the topics that has been discussed less in civil law and legal doctrine than in the rules that govern it. For example, in Articles 301 to 305 of the Civil Code, which are somewhat incompletely adapted from French law, It is mostly subject to the rule of Al-al-yad, while this title is more related to the rule of pride, action, confession and domination and only if the resigning party is informed of the non-entitlement is subject to the rule of Al-al-yad. Therefore, in this dissertation, which has been researched in a descriptive-analytical method, first the subject of improper performance is explained and separated from adjacent and similar subjects, then the related rules are explained and finally, the rules governing the subject according to the recipient's information and lack of information. In improper performance of ineligibility., Has been examined. In this research, it was proved that the status of the performer in improper performance with respect to the innovative and voluntary payment of the performer is subject to the rule of pride and related rules unless the performer proves that he was aware of his ineligibility, in which case the causal rule and the resulting absolute guarantee are realized, which has not been given much attention in civil law.

key words

The rule of pride, the rule of Ali al-Alid, resignation, sanctity of property, guarantee


Dr. Alireza Bariklo