TBK Article 78: "A person who fulfills a debt without knowing that he is not indebted has the right to demand back what he paid, provided that he can prove this."
Refund Conditions
- Payment must have been made
- There must not be any debt in fact
- The payer must not be knowledge that there is no debt
Cannot be Refunded Situations (TBK article 78/2)
- Payment of a debt that has expired
- Payment resulting from a moral duty
- Payment by a person who knows that there is no debt
Typical Examples
- Payment of the wrong invoice
- Duplicate payment
- Payment made as a result of an invalid contract
- A canceled debt payment for
Duration
- 2 years from the date of knowledge
- In any case 10 years
Supreme Court 13. HD
13. HD states that the payer must prove that he "did not know that there was no debt", and that merely claiming that he paid will not be sufficient.
Law of obligations lawyer is recommended.