GENERALLY
If the engagement has ended with the marriage relationship, the provisions of the marriage relationship will begin to apply.
In the event that the engagement ends with death or absence, there is no result other than the return of the gifts and the release of the other fiancée. When we look at it, it always arises as a result of the return of gifts, except when the engagement ends with marriage.
If the engagement is terminated unjustly, it may lead to liability for material or moral damages.
FINANCIAL COMPENSATION
Requesting financial compensation for breaking the engagement is regulated in article 120 of the Turkish Civil Code.
According to Article 120 of the Turkish Civil Code, “One of the engaged people broke the engagement without just cause or
if it is broken for a reason attributable to one of the parties; the offending party, honesty with the other
expenditures and financial sacrifices made within the framework of the rules of marriage and for the purpose of marriage.
obliged to provide appropriate compensation in return. The same rule applies to engagement expenses.
is applied.
The parents of the party who has the right to claim compensation or those who act like them are also entitled to compensation.
under the circumstances, they may seek appropriate compensation for their expenses.”
As can be seen from the above article, however, the party who broke the engagement for an unjust reason or caused the engagement to be broken is liable to pay compensation. The party who has the right to compensation may request compensation for the financial expenses made by thinking that the result of the engagement will end with the marriage. This is compensation for a negative damage, that is, for failure to fulfill a contract that is believed to be fulfilled. The right to seek financial compensation here is the betrothed, their parents and their relatives acting as parents.
COMPENSATION
Requesting non-pecuniary damages as a result of breaking the engagement is regulated in Article 121 of the Turkish Civil Code.
According to this, “The party whose personal rights have been attacked due to the deterioration of the engagement may request the payment of an appropriate amount of money as moral compensation from the defective party.” The difference between this and financial compensation is that the right to file this lawsuit belongs only to the engaged parties.
In its terms, the engagement has ended with annulment, the fiancé demanding compensation has suffered damage to his personal rights, and the defendant is at fault. The fiancee seeking moral compensation must also be either faultless or less flawed than the defendant.
RESULT OF REFUND OF GIFTS
Fiancees who want to increase their loyalty and relationship with the other party can give gifts to each other. This situation is regulated according to Article 122 of the TMK;
Article 122 of the TMK “If the engagement is terminated for a reason other than marriage, the unusual gifts given by the fiancees to each other or to the other fiancee by the parents or those who act like them may be requested back by the givers.
If the gift cannot be returned in kind or in kind, the provisions of unjust enrichment apply. ”
The statute of limitations for the claims arising from the termination of the engagement is 1 year from the expiry. (TMK article 123)
