What Is Unjust Enrichment?
Debt relationships arising from unjust enrichment are regulated in Articles 77-82 of the Turkish Code of Obligations No. 6098. Pursuant to Article 77 of the Turkish Code of Obligations, a person who has become wealthy without just cause from the property or labor of another person is obliged to return this wealth.
In the Turkish Code of Obligations, unjust enrichment is the third source of debt, apart from contracts and torts. In cases of unjust enrichment, a debt relationship arises between the enriched and impoverished parties as required by law. The subject of the enriched party’s debt is the return of the excess in their property.
Obligation to Return
The obligation of the unjustly enriched person to return the enrichment is regulated in Articles 79-81 of the Turkish Civil Code. According to Article 79 of the Turkish Civil Code, the unjustly enriched person is obligated to return the portion of the enrichment that remains after proving that it has been disposed of at the time of the request for return. However, the scope of the obligation to return the unjust enrichment varies depending on whether the person who has been unjustly enriched acted in good faith or bad faith.
If the person who has been unjustly enriched acted in good faith, they are obligated to return the portion that remains after proving that it has been disposed of at the time of the request for return. If the person who has been unjustly enriched is acting in bad faith, in other words, if the person who has been unjustly enriched knows that the increase in their assets is not based on a valid legal reason, they are required to return the entire amount of the enrichment. A person who has been unjustly enriched in bad faith is also obligated to return the values they have disposed of. Article 79/2 of the Turkish Civil Code states: “If the enriched party has disposed of the enrichment without good faith or if, at the time of disposal, they should have taken into account the possibility of being required to return it in the future, they are obligated to return the entire enrichment.”
Article 80 of the Turkish Civil Code regulates which expenses incurred by the person who has unjustly enriched themselves may be claimed. It is also evident from this article that the expenses that may be claimed vary depending on whether the person who has enriched themselves acted in good faith. If the enriched party acted in good faith, they may claim reimbursement for necessary and beneficial expenses incurred. However, if the enriched party acted in bad faith, they may only claim reimbursement for necessary expenses and the increase in value of beneficial expenses existing at the time of return. Finally, regardless of whether the enriched party acted in good faith, they may not claim reimbursement for expenses other than necessary and beneficial expenses incurred. However, if no compensation is offered, they may separate and take back any additions that they have combined with the thing and that can be separated without damage before returning it.
Article 81 of the Turkish Code of Obligations stipulates that a thing given for the purpose of achieving a result contrary to law or morality cannot be reclaimed. However, in the lawsuit, the judge may decide to transfer the thing to the state.
Statute of limitations
Article 82 of the Turkish Civil Code stipulates that the right to claim arising from unjust enrichment shall be subject to a statute of limitations of two years from the date on which the right holder becomes aware of their right to claim, and in any case, ten years from the date on which the enrichment occurred. The second paragraph of the article provides that if the enrichment occurs through the enrichment party acquiring a claim, the other party may always refuse to perform this obligation, even if the right to claim has been barred by the statute of limitations.