top of page
Search

Returning from Engagement: Legal Consequences and Applications

Returning from an engagement is regulated within the framework of the Turkish Civil Code (TMK) and has an important place in family law. If the engagement ends, legal consequences such as material and moral compensation and the return of gifts arise. In this article, we will discuss the legal consequences of ending the engagement in detail.



1. Termination of Engagement and Its Legal Basis


Engagement is regulated in Article 118 of the Turkish Civil Code. Engagement is a contract that includes the promise of marriage, and if the engagement is broken, there will be some legal consequences. Articles 120-122 of the TMK. The articles contain provisions regarding the termination of the engagement.


2. Legal Consequences of Termination of Engagement


In case of termination of the engagement, three basic legal consequences arise:

  • Financial compensation

  • Compensation

  • Return of Gifts

These results apply to both fiancees and their families.


3. Financial Compensation


According to Article 120 of the Turkish Civil Code, if one of the fiancées breaks off the engagement without a justifiable reason or causes the breakup of the engagement with a faulty behavior, he is obliged to pay financial compensation to the other party. Monetary compensation involves paying an appropriate amount for expenses and sacrifices made for the purpose of marriage.


Material Compensation Claim Conditions:


  • Dissolution of Engagement Without Justified Reason: One of the parties may claim expenses incurred for the purpose of marriage.

  • Breaking of the Engagement by a Faulty Behavior: The faulty party must pay compensation for the expenses incurred to the other party.


4. Non-pecuniary compensation


According to Article 121 of the Turkish Civil Code, the party whose personal rights have been violated due to the termination of the engagement may claim non-pecuniary damages from the other party who is at fault. Non-pecuniary compensation aims to compensate for the sadness and moral damage caused by the breakup of the engagement.


Non-Pecuniary Compensation Claim Conditions:

  • Unilateral Annulment: The engagement must be terminated unilaterally and without justifiable reason.

  • Violation of Personal Rights: The personal rights of the party demanding compensation must be violated.

  • Fault: The party who suffered moral damage must prove the damage caused by the other party's faulty behavior.





5. Return of Gifts


According to Article 122 of the Turkish Civil Code, if the engagement ends, unusual gifts given for the engagement must be returned. These gifts include valuable items given for the purpose of the engagement.


Conditions for Refund of Gifts:


  • Given on the occasion of the engagement: The gift must be given on the occasion of the engagement.

For example, clothes cannot be requested back, engagement rings cannot be requested back (unless the engagement ring is extremely expensive).

  • Being Unusual: The gift must be an unusually valuable gift.

For example: house, car, gifts that are excessively expensive depending on the financial situation of the parties, Supreme Court

He accepted all the gold, jewelery and ornaments as unusual and therefore they should be returned.

In case of termination of the engagement, only unusual gifts can be requested to be returned. The law does not clearly state which gifts are customary. Whether a gift is customary or not should be determined by looking at local customs and traditions, the social and economic situations of the parties, and the value of the gift. In this context, flowers or inexpensive useful items given to the fiancee on special occasions should be considered normal and their return should not be requested.

  • If the Engagement Ends for a Reason Other than Marriage: Return of gifts is requested if the engagement ends for a reason other than marriage.



6. Litigation and Court Proceedings


Claims for compensation and refund regarding the legal consequences of the termination of the engagement can be filed in the relevant courts. The competent court is determined according to the nature of the case. Family courts are authorized for cases of material and moral compensation and requests for the return of gifts.

Responsible and Competent Court:

  • Financial Compensation Cases: Family courts

  • Non-Pecuniary Damages Cases: Family courts

  • Return of Gifts: Family courts


7. Limitation Periods


Attention should be paid to the limitation periods specified in the TMK. A lawsuit must be filed within certain periods for compensation demands and return of gifts.


Limitation Periods:


  • Material and Moral Compensation Claims: 1 year

  • Return of Gifts: 1 year



Law

FIRST DIFFERENCE ENGAGEMENT A. Engagement Article 118- Engagement is made with the promise of marriage. Engagement does not bind the minor or the disabled person unless the consent of their legal representatives. B. Provisions of engagement I. Lack of right to sue Article 119- Engagement does not give the right to sue to force marriage. The compensation or penalty stipulated for abstaining from marriage cannot be sued; However, payments made cannot be requested back. II. Consequences of breaking the engagement


Material compensation Article 120 - If one of the engaged parties breaks off the engagement without a justified reason or the engagement is broken off for a reason that can be attributed to one of the parties; The party at fault is obliged to pay appropriate compensation to the other party within the framework of the rules of honesty and for the expenses incurred and material sacrifices made for the purpose of marriage. The same rule applies to engagement expenses. The parents of the party entitled to claim compensation, or persons acting as them, may also request appropriate compensation for the expenses they have incurred under the same conditions.


Non-pecuniary compensation Article 121 - The party whose personal rights have been violated due to the breakup of the engagement may request the payment of an appropriate amount of money as non-pecuniary compensation from the other party who is at fault. III. Return of gifts Article 122- If the engagement ends for a reason other than marriage, the unusual gifts given by the fiancés to each other or by the parents or those acting as them to the other fiancee may be requested back by the givers. If the gift cannot be returned in kind or in kind, the provisions of unjust enrichment apply. IV. Statute of Limitations Article 123- Lawsuit rights arising from the termination of the engagement become statute-barred after one year has passed since the termination of the engagement.





Conclusion


The end of an engagement is an important event that has legal consequences. The rights and obligations of the parties are clearly regulated in the TMK, and the processes regarding compensation and refund requests must be followed carefully. Obtaining legal advice and following legal procedures correctly will minimize the legal problems caused by the end of the engagement. You can contact us to request your compensation back.



 
 
 

Comments

bottom of page