21 May WHAT IS UNJUST ENRICHMENT
Debt relations arising from unjustified enrichment are regulated Dec articles 77-82 of the Turkish Code of Obligations No. 6098. TBK 77.in accordance with its article, the one who, for no justifiable reason, becomes rich from someone else’s assets or labor, is obliged to return this enrichment.
In addition to contracts and torts, the third source of debt that generates debt in TBK is gratuitous enrichment. In case of unjustified enrichment, a debt relationship arises between the person who Dec enriched and the person who is impoverished by law. The subject of the debt of the person who has become rich is the return of the excess that has occurred in his assets.
Obligation to Return
The obligation of a person who has become rich for no reason to return it is regulated by Articles 79-81 of the Turkish Commercial Code. Dec. According to Article 79 of the Turkish Commercial Code; The one who becomes rich for no reason is obliged to give back the rest except the part that he proved to have lost during the request for the return of enrichment. However, the scope of the refund debt due to unjustified enrichment varies depending on the well-intentioned and malicious nature of the person who is getting rich.
If the beneficiary has good intentions, he is obliged to return the rest, except for the part that he has proved that he lost during the request for the return of enrichment. If the person who becomes rich for no reason has bad intentions, in other words, if the person who becomes rich for no reason knows that the increase in his assets is not based on a valid legal reason, he must return the entire enrichment. A person who has become rich with malicious intentions is also obliged to return the values that he has disposed of. TBK m. In 79/2:”If the person who has become rich has disposed of the enrichment without good intentions, or if he needs to take into account that he may have to give it back in the future when disposing of it, he is obliged to give back the entire enrichment.”this has been pointed out by saying.
Article 80 of the Turkish Commercial Code regulates which expenses a person who becomes rich for no reason can ask for the expenses he has incurred. In the article in question, it is seen that the expenses that may be requested vary depending on whether the person who is getting rich has good intentions or not. If the beneficiary has good intentions, he may ask for mandatory and useful expenses that he has made, but if the beneficiary has bad intentions, he may ask that his mandatory expenses and useful expenses be paid only for an increase in value that is available at the time of return. Finally, regardless of whether the person who has become rich has good intentions or not, the person who has become rich cannot ask for payment of his other expenses other than the mandatory and useful expenses that he has incurred. However, if it is not offered in return, it can separate and retrieve the additions that it has combined with that thing and that it is possible to separate harmlessly before giving it back.
81 of the TBK. in its article, it is regulated that what was given for the purpose of realizing a result that is contrary to law or morality cannot be requested back. However, in the filed case, the judge may decide that this thing will cost the state.
Timeout
In Article 82, the TCC has regulated that the right of claim arising from unjustified enrichment will be subject to a statute of limitations of 2 years starting from the date when the right holder finds out that he has the right to request it back and in any case 10 years starting from the date when enrichment occurs. In the second paragraph of the article, it is regulated that if enrichment occurs by obtaining the right to a receivable from the beneficiary, the other party can always avoid paying this debt, even if the right to claim has expired.
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