Compensation due to Break Off Engagement in Turkey
Action for compensation due to Break off Engagement is the case that ensures the parties to compensate for their damages incurred from breaking engagement because they do not get on well with during the engagement period before the marriage
Engagement means that the two persons from different genders expressly state their intention for getting married. Namely, a man and a woman mutually promise to marry to each other. Because of it, a legal status arises, which is called engagement period.
BREAKING ENGAGEMENT WITHOUT A JUSTIFIED REASON
In the Turkish Commercial Code, it is stated that if a party breaks engagement without a justified reason or with fault, the other party is entitled compensation because of damages incurred from it. In other words, compensation suit can be filed only when a party breaks engagement without a justified reason or imposes on the other party conditions that are unbearable for it.
Justified reasons are decided by the judge. Along with this, in practice, these situations are accepted as justified reasons;
- Leading a bad life
- Laziness
- Delaying the marriage constantly and without a reason
- Disrespectful behaviors against the fiancée or its relatives
- Infidelity
- Fraud
- Long-lasting severe illness of one of the fiancées
- Gambling addiction
- One of the parties or its parents acts contrary to the family order.
- One of the parties has an emotional or romantic relationship with another person
- One of the parties catches a contagious disease.
The judge evaluates other reasons than these whether or not they are justifiable.
Not all justified reasons for breaking engagement result from the fault of the other party. There are some justified reasons without fault. For example, the loss of mental competence of one of the parties.
In the presence of the above-mention justified reasons, both pecuniary and non-pecuniary action can be taken for breaking engagement.
ACTION FOR PECUNIARY COMPENSATION DUE TO BREAK OFF ENGAGEMENT
Action for pecuniary compensation due to breach of promise can be filed on the condition that breaking engagement is based on a justified reason and the fault can be attributable to the other party. The at-fault party should compensate for the financial damage of the other party.
Financial damages that can be claimed by pecuniary compensation actions will be wedding preparation expenses, which are made believing in the existence of engagement. In this respect, expenses made by the parents of no-fault party in good faith and their material sacrifices can be claimed, for example, leasing a property, buying furniture, preparing invitation cards or buying flight tickets for honeymoon.
What pecuniary compensation is claimed for what expenses should be expressly and specifically stated when filing the case.
Action for pecuniary compensation due to breach of promise can be brought by no-fault fiancée, its parents or people acting as if they are parents.
ACTION FOR NON-PECUNIARY COMPENSATION DUE TO BREAK OFF ENGAGEMENT
In Turkish Civil Code, it is provided that immaterial sufferings and psychological damages of the no-fault party because engagement is broken, other than material damages, can be compensated by taking non-pecuniary compensation action.
Breaking engagement without a justified reason means that the personal rights of the no-fault party are violated. This person is humiliated in the eyes of its circle, family, relatives and neighbors.
These are the conditions for filing non-pecuniary compensation due to break off engagement case;
- The party breaking engagement should be at fault.
- The party claiming non-pecuniary compensation should not be at fault.
- The personal rights of the no-fault party are violated.
STATUTE OF LIMITATION FOR ACTION FOR COMPENSATION DUE TO BREACH OF PROMISE TO MARRY
According to the Turkish Civil Code, this time is 1 year following that theengagement ends. Along with this, if engagement ends due to the committing of a crime set out in the Turkish Penal Code, the longer time bars found in the Turkish Penal Code will be applicable
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