Engagement in Turkish law. Part 2

In this part we will analyze the consequences of termination of the engagement agreement. If the engagement ended in the marriage of the engaged, then from that moment the articles of the Civil Code governing the institution of marriage apply to them. If the engagement was terminated due to the death or missing one of the engaged, the only consequences will be the return of the gifts and the release of the other party from all the obligations imposed by the engagement. In general, in any case, in the event that the engagement ends, except that it ends with a legal marriage – gifts are returned.

Refund is also necessary in cases of termination of the engagement agreement by agreement of the parties and in the event of the impossibility of marriage and termination of the engagement unilaterally (it does not matter for valid reason or not). However, if the engagement is terminated unilaterally for an insufficient reason, compensation may be requested.

Property compensation

According to Article 120 of the Civil Code of the Republic of Turkey, the party not guilty of termination of the engagement has the right to demand compensation for its losses associated with preparations for the wedding and the engagement ceremony, as well as losses associated with the status of the engaged and losses that occurred due to the belief of the innocent party in further marriage. Also, reimbursement of funds spent for the same purpose may be required by the parents of the affected party (or persons replacing the side of the parents). The party whose fault the engagement was terminated does not have the right to demand compensation.

Important!

The right to material compensation is inherited, in contrast to the right to compensation for non-pecuniary damage.

What conditions must be met in order to claim compensation? Compensation can only be requested by the innocent party from the party that terminated the engagement without any valid reason or gave a valid reason for terminating the engagement (ill-treatment, betrayal, etc.) If the guilty party has personally terminated the contract, then you can also demand compensation from it. If the engagement was canceled for a valid reason, but without the fault of any party, no party has the right to demand any compensation.

What losses and expenses are recoverable?

The expenses that were committed by the party because of the belief in the validity of the engagement agreement. Engagement ceremony expenses are also included in this category, for example, renting a hall for the ceremony. Also, the innocent party may, on the other hand, demand compensation for losses incurred in order to conclude a marriage and lead a marriage life. For example, renting an apartment in which they were going to live, buying furniture, expenses for a honeymoon. The controversial issue is whether the party who quit the job because of the belief in further marriage can claim compensation.

In particular, in one of its decisions, the Supreme Court is of the opinion that it can. One way or another, it is possible to compensate only those losses that were committed during the period when the engagement agreement was valid (or if the innocent party did not know about the termination of the engagement). Another important condition, costs the Civil Code of the Republic of Turkey Article 2 (honesty rule) should be done within the framework.

Compensation case

If the parties agree on the amount of compensation, then there are no problems. However, if an agreement is not reached peacefully, the party innocent of terminating the engagement may sue. As the defendant party, you can only indicate the party itself due to the termination of the party, it is not allowed to indicate its parents or other persons, but its heirs can be shown as the defendant in the event of the death of the defective party. Also, in the event of the death of the injured party, a lawsuit may be filed by its heirs.

During the trial, you need to prove that the engagement was canceled and if the party itself was the initiator of the break, prove the guilt of the other side. If the defendant has terminated the contract, it will be sufficient for the plaintiff to prove the termination.

For such questions, you should seek qualified help from an attornet. An attorney in Turkey with many years of experience from the Seyhan Law Office provides consulting and lawyer services in different languages, including in English.

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