01 May Example Of a Claim For Action Of Debt Due To Unjust Enrichment
THE COURT OF FIRST INSTANCE
PLAINTIFF :
TC IDENTIFICATION NUMBER :
ADDRESS :
Deputy :
(Legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT :
Address :
LITIGATION VALUE :
(In cases related to his assets)
Subject: expenses incurred by our plaintiff client
back under the provisions of unprovoked enrichment
it’s about wanting to be taken.
INSTRUCTIONS :
1 -) out of the case, the contractor … … sold to our client the independent section located on the island … parcel from the independent sections granted to him by the construction contract for the floor that he signed with the defendant … … with the contract for the sale of real estate dated by the notary … / … / … (Annex-1). … in the year, the non-litigation contractor abandoned construction due to the economic crisis he experienced, and so the construction … stopped for months. … Of the court . … / … / … T. ../ … D. This situation has been identified with the job identification file and an example of the ad is attached. (Annex-2) Our client has completed the construction of the independent section that he purchased with his own facilities. This matter will be clarified by the statements of our witnesses, whose names and addresses are in the witness list presented in the annex (Annex-3), that they will give before your court.
2 -) as a result of the lawsuit filed by the defendant in the Civil Court on the date of…/…/…, the title deed belonging to the independent department that our client received from the non-litigation contractor was canceled. … Court … / … / … T. … / … E. … / … K. his numbered decision is also included in the appendix. (Annex-4)
3 -) 6098 No. 77 of the Turkish Code of Obligations. the following arrangement is included in the article:;
“Anyone who becomes rich from someone else’s assets or labor, without a justified reason, is obliged to return this enrichment. This obligation is born, especially if enrichment is based on a reason that is not valid or unrealized or has expired.”
4 -) Our client has spent TL to finish the construction of the independent section, which he received from the non-litigation contractor and is the subject of the court’s cancellation decision. For the reasons we have tried to explain, it is necessary to apply to your court to collect the costs incurred by our client from the defendant in accordance with the provisions of gratuitous enrichment.
Legal reasons: 6098 P. K. m. 77, 78, 79, 80, 81, 82.
Legal evidence: 1 -) … sale of Real Estate dated by the Notary Public … / … / …
Convention
2-) . … Of the court . … / … / … T. ../ … D. Notice No. business
3 -) witnesses will testify with their names and addresses
List of witnesses who show topics,
4 -) … Court … / … / … T. … / … E. … / … K. numbered
Ilami
Conclusion and request : for the reasons explained above, our client has made … the island … to complete the construction of my independent section located on the parcel … TL. we respectfully demand that the cost be paid to our client by taking it from the defendant in accordance with the provisions of unprovoked enrichment (which may vary depending on the request), that the trial costs and power of Attorney be charged to the other party, that the decision be made on behalf of our client. …/ …/ …
Annexes: 1 -) … contract for the sale of Real Estate dated …/ …/ … of the Notary Public
2-) . … Of the court . … / … / … T. ../ … D. Notice No. business
3 -) names and addresses of witnesses and the subjects they will testify
list of witnesses,
4 -) … Court … / … / … T. … / … E. … / … K. numbered proclamation
5 -) one sample of approved power of attorney.
Acting Plaintiff
Lawyer
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