Unjust Enrichment: Recovery of Wrongful Payments in Turkey

Summary and Key Information

Unjust Enrichment Lawsuit - Key insights: This guide explains how to legally recover assets or money that have shifted to another person’s assets without a valid legal reason.

What is Unjust Enrichment?

Unjust enrichment (sebepsiz zenginleşme) occurs when a person enriches themselves out of another’s property or labor without a just cause. Under TCO Article 77, such enrichment must be returned.

Common Scenarios

• Wrong Money Transfer: Sending money to the wrong IBAN or recipient by mistake.
• Invalid Contract: Performing an obligation (paying money) under a contract that is later found to be void or invalid.
• Failure of Purpose: Paying for a future service that never happens.

Conditions for Restitution

1. Enrichment: One party’s assets increased.
2. Impoverishment: The other party’s assets decreased.
3. Causal Link: The enrichment results from the impoverishment.
4. Lack of Cause: There is no valid legal ground (contract, law, gift) justifying the transfer.

Limitation Periods

The claim generally expires 2 years after the injured party learns of the right to reclaim, and in any case 10 years from the date of enrichment.

Expert Legal Support: We assist clients in recovering wrongfully transferred funds through demand letters, enforcement proceedings, and litigation.

Professional Legal Support

Contact us for professional legal assistance on this matter.

📞 Call Now: +90 554 192 47 20

📧 Email: info@avukatfevziyaskir.com

📍 Address: Opposite the Courthouse, Karatay/Konya, Turkey

⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.