06 May Unprovoked Enrichment
Debt relations arising from unprovoked enrichment are regulated between articles 77-82 of the Turkish Code of Obligations No. 6098. TBK 77.under the article, any person who becomes rich from the property or labor of another person without a justified reason is obliged to return that enrichment.
The third source of debt in the TBK, other than contracts and Torts, is unprovoked enrichment. In the case of unprovoked enrichment, a debt relationship arises between the person who becomes rich and becomes poor according to the law. The subject of the debt of the prospering person is the return of the excess in his assets.
Obligation To Give Back
The obligation to give back to the person who has prospered without reason is regulated in articles 79-81 of TBK. According to Article 79 of the TBK, the enrichment without reason is obliged to give back the remainder except for the part which it has proved that it was out of its hands during the request of the enrichment. However, the extent of the refund debt due to unprovoked enrichment varies according to the well-intentioned and malevolent nature of the person who has prospered.
If the prosperer is well-intentioned, he is obliged to give back the remainder except the part which he proved to be out of his hands during the request for the enrichment back. If the person who becomes rich without reason is ill-intentioned, in other words, if the person who becomes rich without reason knows that the increase in his or her assets is not based on a valid legal reason, he or she must return the entire enrichment. The person who becomes ill-intentioned rich is also obliged to give back the values he has disposed of. TBK m. In 79/2: “if the Prosperer has disposed of the enrichment without good intentions, or if he has to take into account that he may have to give it back in the future when disposing, he is obliged to give back the whole of the enrichment.”this matter has been pointed out by saying.
In Article 80 of the TBK, it is arranged which of the expenses that the person who becomes rich without reason can ask for. In this article, it is observed that the expenses that can be requested vary depending on whether the person who becomes rich has good intentions or not. If the prosperer is well-intentioned, he may ask for the required and useful expenses, but if the prosperer is ill-intentioned, he may ask for the payment of the required expenses and useful expenses only for the increase in the value available at the time of the return. Finally, the prosperer may not ask for payment of any other expenses other than the obligatory and useful expenses that the prosperer has incurred, regardless of whether he has good intentions or not. However, if it is not offered in return, it can take away the additions it has combined with the thing and be able to be separated harmlessly before giving back.
Tbk’s 81. in the article it is arranged that what is given for the purpose of realization of a result contrary to law or morality cannot be asked back. However, in the lawsuit filed, the judge may decide that this thing is costing the state.
Timeout
In Article 82 of the TBK, the right of claim arising from enrichment without reason shall expire in 2 years starting from the date the right holder learns that he has the right to request it back, and in any case in 10 years starting from the date of enrichment. In the second paragraph of the article, it is arranged that if the enrichment occurs by means of the enrichment of the beneficiary, the other party can always avoid the performance of this debt, even if the right of claim has expired.
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