Obligations and contracts

Unjust enrichment

The obligation to return a benefit gained at another's expense without any valid legal ground justifying the enrichment.

All terms

Under Turkish law, unjust enrichment arises when a person benefits from another's assets or labour without a valid legal ground. The enriched party must return what was obtained; the doctrine corrects transfers that turn out to lack legal justification.

The most frequent scenario is payment of what was not owed: money wired to the wrong account, an invoice paid twice, or sums paid under a contract that proves invalid can all be reclaimed on this basis, including the price paid under a void real estate sale.

The claim is subsidiary: where a valid contract exists between the parties, contractual rules apply first. It is subject to statutory limitation periods, and a person who paid knowing that nothing was owed generally cannot demand restitution.

Not to be confused with

Haksız fiil ile karıştırılmamalıdır: haksız fiilde kusurlu ve hukuka aykırı bir davranışla verilen zarar tazmin edilir, sebepsiz zenginleşmede ise dayanaksız kazanım iade edilir.

Statutory basis

  • TBK m.77

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.