Unjust Enrichment in Turkey: Recovering Wrong Money Transfers

Unjust Enrichment (Sebepsiz Zenginleşme) is the legal safety net when money changes hands without a valid legal reason. It is the primary tool used to recover funds in cases of mistaken execution or failed contracts.

[!NOTE] 💡 Cultural Context: The “Invalid Property Sale” Trap

A common scenario for foreigners: You pay $50,000 “deposit” to a property owner with a simple handwritten paper. The deal gets canceled. The owner refuses to pay back. Since property sales are valid only at the Notary/Land Registry, your handwritten contract is void. You cannot sue for “Breach of Contract.” You MUST sue for “Unjust Enrichment” to get your money back.

1. Defining Elements (TBK Art. 77)

A person who has enriched themselves from another’s property without a just cause is obliged to return it.

1. Enrichment: The defendant’s assets increased (or liabilities decreased).
2. Impoverishment: Your assets decreased.
3. Causal Link: Their gain comes directly from your loss.
4. Lack of Valid Reason:
   • No Reason: Sending money to a random IBAN by mistake.
   • Unrealized Reason: Paying in advance for a car rental that never happens.
   • ceased Reason: Paying rent for a month after the lease ended.

⚖️ Legal Reference: TBK Article 77 “Anyone who has been enriched without a just cause at the expense of another… is obliged to return this enrichment.”

2. Scope of Return

The defendant must return the money with interest.

• Good Faith: If they didn’t know it was a mistake (rare), they only return what is left.
• Bad Faith: If they knew (e.g., you called them immediately), they must return the full amount + highest legal interest, even if they already spent it.

3. Statute of Limitations (Strict!)

This is where people lose their rights. The time limits are short (TBK Art. 82):

• 2 Years: From the moment you learn about your right to ask for it back.
• 10 Years: From the date of the transfer, regardless of when you learned.

Conclusion

If you accidentally sent money or paid for a service/property under an invalid contract, do not wait. “Unjust Enrichment” cases are mathematically precise lawsuits that require proof of the money trail.

[!IMPORTANT] Need Expert Legal Help?

Attorney Fevzi Yaskir helps clients recover misappropriated funds through prompt legal action, freezing orders, and Unjust Enrichment litigation.

• 📞 Phone: +90 554 192 47 20
• 💬 WhatsApp: Chat with us
• 📧 Email: fevziyaskir@gmail.com