Unjust Enrichment Under The Turkish Code Of Obligations

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.