TBK Article 77: "Anyone who becomes enriched from someone else's property or labor, without a justifiable reason, is obliged to return this enrichment."
Elements
- Enrichment of one party
- Imperialization of the other
- Appropriate causal link between the two
- A justified reason absence
Typical Situations
- Sending money to the wrong account
- Payment that is not a debt (TBK art. 78)
- Payment made as a result of an invalid contract
- Subsequent termination of the contract
- Payment of time-barred debt (irreversible)
Scope of Refund (TBK) Article 79-81)
- Enriched in good faith: Return only what is left in his/her possession
- Enriched in bad faith: All enrichment + interest + loss
Prescription (TBK Article 82)
- 2 years after becoming known
- In any case, 10 years after the enrichment occurs. year
Supreme Court 13. HD
13. HD accepts that in cases of unjust enrichment, the proof of "payment that is not a debt" belongs to the plaintiff, and that simply sending money will not be sufficient.
Law of obligations lawyer is recommended.