Consequences Of Termination Of Engagement
IN GENERAL
If the betrothal is terminated by marriage, the provisions of the marriage relationship shall apply.
If the engagement is terminated by death or absenteeism, there are no consequences other than the return of the gifts and the release of the other fiancé. When we look at it, except for the termination of the engagement by marriage, the result is always the return of the gifts.
If the engagement is terminated unfairly, it may lead to being liable for material or moral damages.
MATERIAL COMPENSATION
Article 120 of the Turkish Civil Code regulates the claim for financial compensation for the breakdown of an engagement.
According to Article 120 of the TCC, “If one of the fiancés breaks off the engagement without a justified reason or if the engagement
If it is impaired for a reason attributable to one of the parties, the party at fault shall be liable to the other party in good faith.
expenses and material sacrifices made for the purpose of marriage and within the framework of the rules of marriage
is obliged to provide appropriate compensation in return. The same rule applies to engagement expenses
shall apply.
The same applies to the parents of the party entitled to compensation, or persons acting as their parents
may ask for an appropriate compensation for the expenses they have incurred under the circumstances.”
As can be seen from the above article, only the party who broke off the engagement for an unfair reason or caused the engagement to be broken off is liable to pay compensation. The party who is entitled to compensation may ask for compensation for the financial expenses he/she incurred in the belief that the engagement would end with marriage. This is compensation for a negative damage, i.e. the non-fulfillment of a contract that was believed to be fulfilled. Here, the fiancés, their parents and relatives acting as their parents have the right to claim financial compensation.
MORAL COMPENSATION
Article 121 of the TCC regulates the claim for non-pecuniary damages as a result of the breakdown of the engagement.
Accordingly, “The party whose personal rights have been attacked due to the breakdown of the engagement may request the other party who is at fault to pay an appropriate amount of money as moral compensation.” The difference from financial compensation is that the right to file this lawsuit belongs only to the engaged parties.
Conditions are that the engagement has ended with a breakdown, the personality right of the fiancé seeking compensation has been damaged and the defendant is at fault. The fiancé who will seek moral damages must also be either flawless or less flawed than the defendant.
AS A RESULT OF RETURN OF GIFTS
Fiancés who wish to increase their commitment and relationship with the other party may 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, unusual gifts given by the fiancées to each other or by the parents or those who act like them to the other fiancé may be demanded back by the givers.
If the gift cannot be returned in kind or in kind, the provisions on unjust enrichment shall apply. ”
The statute of limitations for claims arising from the termination of the engagement is 1 year from its termination (Article 123 of the Civil Code).
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