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LAW OF OBLIGATIONS
249
Unjust Enrichment under the Turkish Code of Obligations
1
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Att. Pelin Baydar
Introduction
Unjust enrichment is regulated under Articles 77-82 of the Turkish
Code of Obligations No. 6098 (“TCO”). In the TCO, unjust enrichment
is regulated as a third source of obligation along with agreements and
torts.
As per Article 77 of the TCO, anyone who is enriched unjustly from
someone else’s property or services is obliged to restitute this enrichment.
In order to mention the occurrence of an unjust enrichment, there must
first of all be enrichment in the property of a person (enrichment). On the
other hand, there must also be a decrease in the property value of another
person (impoverishment) and there must be a causal link between such
enrichment and impoverishment.
Enrichment in the property of a person obtained against the benefit
of another person does not always result in the obligation of restitution,
even where there is a causal link. The obligation of restitution arising
from unjust enrichment in the increase of a person’s property value must
rely on “lack of a legal ground”.
Pursuant to Article 77 of the TCO, the obligation of restitution arises
where enrichment especially relies on an (i) invalid, (ii) unrealized or (iii)
terminated cause.
It should be understood that, as per the law, unjust enrichment creates
a relationship of obligation between the enriched and impoverished
person, and the subject of this obligation is the restitution of enrichment
in property value. The offer of restitution relies on a relative claim right
arising from a debt relationship. Thus, the claim of restitution may only
be addressed to the enriched person and all of his successors.
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Article of May 2013