The Duty of Restitution in Unjust Enrichment

Legal Article · 12 November 2026
Av. Thomas Andreas Di Constantinople

Unjust enrichment creates a restitution duty where a person benefits without justified cause from another's assets or labour. Article 77 of the Turkish Code of Obligations particularly covers benefits based on an invalid, unrealised, or subsequently ended cause. Not every apparently unfair payment directly falls within this mechanism; first identify its legal basis.

Payment required by a valid contract differs from payment under an invalid one. A person voluntarily providing performance not owed must satisfy the mistake condition in Article 78 of the Turkish Code of Obligations when seeking return. Benefits conferred in performance of a time-barred debt or moral duty are generally not recoverable.

Restitution's scope may vary with the recipient's good faith. Article 79 of the Turkish Code of Obligations separately regulates proof of the portion no longer retained when return is requested and bad faith or the duty to anticipate restitution. The return amount therefore depends not only on the initial payment but on continuing enrichment and disposal circumstances.

Article 82 of the Turkish Code of Obligations provides knowledge-based and long-stop limitation periods. Commencement relates to the creditor learning of the restitution right. Unjust enrichment, contractual claims, and ownership-based return demands cannot automatically substitute for one another.

Legal Basis: Turkish Code of Obligations No. 6098, Articles 77–82. Official legislative text.

This article has been prepared for general legal information purposes.