Compensation for Broken Engagement in Turkish Law

Compensation Due to Broken Engagement

Engagement, as a social and legal agreement, represents a declaration of intent between individuals before marriage. From a legal perspective, engagement is defined as a relationship in which a woman and a man mutually promise to marry. However, the termination of the engagement period can lead to various legal disputes between the parties. This article will discuss the legal consequences of breaking an engagement and the compensation lawsuits that can be filed during this process in the Turkish Legal System.

Legal Nature of Engagement

Engagement is regulated in Article 118 of the Turkish Civil Code. According to this article, engagement is a contract made with a promise of marriage. However, this contract does not have a legal sanction that would force the parties to marry. Engagement is considered a preparation period before marriage and gives the parties the opportunity to get to know each other more closely.

Breaking the Engagement

Breaking the engagement means that one or both parties have given up on the intention to marry. No formal requirements are stipulated for breaking an engagement. A clear statement from one of the parties or behaviors indicating the intention to break the engagement are sufficient.

Reasons for Breaking the Engagement

There can be various reasons for breaking an engagement:

• Incompatibility of the parties
• Economic problems
• Family disagreements
• Infidelity
• Personal growth and changes
• Health issues
• Long-term separations

Compensation Due to Broken Engagement

In some cases, the right to claim compensation may arise when an engagement is broken. Articles 120 and 121 of the Turkish Civil Code regulate compensation claims in case of a broken engagement. To be able to claim compensation, the engagement must be broken for a justifiable reason. Justifiable reasons are determined by the judge during the trial.

However, in practice and as accepted opinion, there are some justifiable reasons. These are:

• Leading a bad life
• Laziness
• Continuous and unreasonable postponement of marriage
• Disrespectful or insolent behavior towards the fiancé(e) or their relatives
• Infidelity
• Fraud
• One of the engaged parties contracting a long-term or serious illness
• Gambling addiction
• Behaviors of one party’s parents that are contrary to family order
• The engaged woman eloping with someone else
• One of the engaged parties contracting an infectious disease

Material Compensation

Material compensation is regulated in Article 120 of the Turkish Civil Code. According to this article, the party who suffers material damage due to the broken engagement can request appropriate compensation from the other party who is not at fault.

Issues that may fall within the scope of material compensation are:

• Expenses made for engagement preparations: Expenses made before the engagement ceremony. Example: Engagement rings, invitation, and decoration expenses.
• Expenses made for wedding preparations: Organizational expenses made before the wedding. Example: Wedding dress, wedding invitations, and decoration.
• Expenses made for purchasing household items: Items bought for setting up a new home before marriage. Example: Furniture, white goods, and kitchen utensils.
• Venue rental expenses for engagement or wedding: Rent paid for the place where the ceremony will be held. Example: Wedding hall or outdoor wedding venue rental.
• Food and beverage expenses ordered for engagement or wedding: Cost of refreshments prepared for the ceremony. Example: Catering service or wedding cake fee.
• Clothing expenses for engagement or wedding: Cost of special clothes bought for the ceremony. Example: Wedding dress, groom’s suit, and fancy shoes.
• Loss of income due to quitting job for marriage preparation: Income lost by a person who quit their job due to wedding preparations. Example: Monthly salary loss of a person who left their job for wedding organization.

To be able to claim material compensation, certain conditions must be met:

• The engagement must have been broken
• A material damage must have occurred
• The damaged party must be faultless
• The other party must be at fault
• There must be a causal link between the damage and the breaking of the engagement

Moral Compensation

Moral compensation is regulated in Article 121 of the Turkish Civil Code. According to this article, the party whose personal rights have been violated due to the broken engagement can request payment of an appropriate amount of money as moral compensation from the faulty party.

The necessary conditions for claiming moral compensation are:

• The engagement must have been broken
• A damage constituting an attack on personal rights must have occurred
• The damaged party must be faultless
• The other party must be at fault
• There must be a causal link between the damage and the breaking of the engagement

Situations that may be subject to moral compensation could be:

• Unjustly breaking the engagement in an offensive manner: Ending the engagement relationship without reason or in a humiliating way. Example: Suddenly ending the engagement without reason via a message.
• Infidelity of the fiancé(e): One of the engaged parties having an illicit relationship with a third person during the engagement process. Example: Entering into a romantic relationship with someone else while engaged.
• Humiliation of the fiancé(e)’s family or environment: Subjecting the fiancé(e) to degrading behavior in front of their close circle or family. Example: Insulting the fiancé(e) in front of their family.
• Disclosure of the fiancé(e)’s private life: Sharing confidential or private information about the fiancé(e) with others without permission. Example: Publishing the fiancé(e)’s private messages on social media.
• Applying physical or psychological violence to the fiancé(e): Engaging in harmful behaviors towards the fiancé(e). Example: Shouting at, threatening, or physically harming the fiancé(e).

Filing a Compensation Lawsuit and Its Duration

The compensation lawsuit due to a broken engagement must be filed within one year from the breaking of the engagement. This period is a statute of limitations, and the right to file a lawsuit is lost after this period expires.

The lawsuit can be filed separately or together for material and moral compensation claims. The competent court is the Family Court. The authorized court is the court of the defendant’s place of residence.

Return of Gifts

In case of a broken engagement, the return of gifts given between the parties also comes into question. Article 122 of the Turkish Civil Code regulates the return of unusual gifts given to each other by the parties when the engagement relationship ends. These gifts should be returned in kind or in equivalent. If the gift cannot be returned in kind, its monetary value can be claimed.

In the return of gifts, the fault status of the parties is not taken into account. Gifts given due to the engagement should be returned when the engagement ends. However, expenses for daily needs and ordinary gifts are not subject to return. For example, gifts such as flowers and chocolates are not returned, while valuable gifts such as gold and diamonds should be returned.

The Approach of the Court of Cassation in the Return of Gifts

In Turkey, the Court of Cassation makes decisions considering the social status of the parties and local customs in cases related to broken engagements. In the decisions of the Court of Cassation, detailed evaluations are made regarding the return of expenses and gifts given when the engagement relationship ends.

For example, in a decision, the 3rd Civil Chamber of the Court of Cassation ruled to obtain an expert report to determine the type, quantity, and value of the gifts given after the engagement was broken. This decision reveals that a meticulous examination is required regarding the return of gifts given during the engagement process.

The Concept of Fault in Breaking the Engagement

The concept of fault plays an important role in evaluating compensation claims when breaking an engagement. Fault is used to determine whether the behavior of the party breaking the engagement is contrary to law.

Factors that can be considered in fault assessment are:

• The justifiability of the reason for breaking the engagement
• The manner and timing of breaking the engagement
• The behavior of the parties during the engagement process
• The influence of third parties in breaking the engagement

Determining the degree of fault is at the discretion of the judge and is evaluated according to the characteristics of each concrete case.

Burden of Proof in Engagement Breaking Cases

In compensation lawsuits filed due to a broken engagement, the plaintiff is obliged to prove that the engagement relationship was valid, that the engagement was broken unjustly, and that this situation caused material or moral damage. The defendant party must prove that the engagement was broken for a justified reason or that they are not at fault.

The burden of proof also applies to the return of expenses made between the parties and gifts given. Courts decide in favor of the party that fulfills the burden of proof. Therefore, presenting evidence is of great importance in cases related to broken engagements.

Conclusion

In order to claim compensation in case of a broken engagement in the Turkish Legal System, elements such as fault, damage, and causal link must exist together. Additionally, issues such as the statute of limitations for filing a lawsuit and the return of gifts should also be considered. In this process, seeking legal counsel helps parties manage the process without losing their rights.

 

For more help or consultation on this matter, you can contact us.