Jewelry Claim Case in Turkish Law

RETURN OF JEWELRY GIVEN AT THE WEDDING (JEWELRY CLAIM CASE)

Holding a wedding ceremony is quite common in Turkish society. Although holding a wedding is not a requirement for getting married, it is organized as a tradition in Turkish society. During this ceremony, the couple getting married gifts jewelry to each other. Additionally, the families, close relatives, and friends of the newlyweds also present jewelry as gifts during the ceremony. This act is known as “wearing jewelry” among the people. By gifting jewelry, the guests aim to financially support the marrying individuals. Regardless of to whom the jewelry is given, it belongs to the bride and is considered her personal property. The return of these items is possible later on. In this article, we will clarify this issue and explain the jewelry claim case.

WHAT IS JEWELRY?

Jewelry refers to decorative items made from precious metals like gold and silver, commonly worn by women. When thinking of jewelry, gold is the first thing that comes to mind. However, jewelry is not limited to gold. Many valuable metals can be used to make jewelry. The most well-known jewelry items include bracelets, earrings, rings, necklaces, anklets, necklaces, crowns, twisted bracelets, and bangles. According to Turkish law, the Supreme Court of Appeals has a broad interpretation of jewelry. According to the Supreme Court, coins, gram, quarter, and full gold coins gifted are also considered jewelry and can be subject to a lawsuit.

LEGAL NATURE OF JEWELRY

The fundamental legal nature of jewelry is that they are items. Therefore, jewelry is subject to property rights. Jewelry is considered movable property, and it is presumed to belong to the person in possession. This presumption can be refuted.

Another important aspect to consider is that jewelry is considered personal property. This is crucial. Especially during the division of assets in a divorce, personal property is not included in the asset division process, unlike acquired property. As a rule, the values owned by the parties before the marriage are their personal property. For instance, a house purchased before the marriage is considered personal property and is not included in the division process during divorce, meaning the other spouse does not get a share. Similarly, jewelry gifted as wedding gifts before the marriage is personal property. The jewelry given at the wedding belongs to the bride. Even if the jewelry is given to the groom, it is considered the bride’s personal property by law. This jewelry is considered a gift to the bride. This is accepted by the Supreme Court. The reason is that jewelry is seen as the bride’s security.

JEWELRY CLAIM CASE

Jewelry gifted to the couple or given for their marriage can be reclaimed. This is known in practice as the return of jewelry. Since jewelry can be arranged as a “mehr” (dowry), in some cases, jewelry can be reclaimed by filing a lawsuit based on a “mehr” document. The return of jewelry can be requested by adding it to the divorce petition or as an independent lawsuit. This lawsuit is quite technical. The jewelry claim case can be rejected due to issues related to proof.

CONDITIONS FOR JEWELRY CLAIM CASE

There are three conditions for the acceptance of a jewelry claim case. These three conditions must exist together. These conditions are:

1. Making a request for return

2. Proving the existence of jewelry

3. Proving that the jewelry is not in the possession of the plaintiff

The last two conditions are related to the law of proof and will be explained later. The first condition is the existence of a request for return. If the plaintiff does not have such a request, no decision can be made on this matter. Otherwise, the prohibition on expanding the claim would be violated.

PARTIES TO THE JEWELRY CLAIM CASE

PLAINTIFF

The jewelry claim case can be filed by the person from whom the jewelry was taken without their consent. Both the bride and groom can file a jewelry claim case. Moreover, the parties do not need to be married. If the plaintiff dies during the lawsuit, their heirs can continue the case.

DEFENDANT

In practice, the jewelry claim case is usually filed against the plaintiff’s spouse. However, it is also possible to file against third parties. For this, the third party must live with the couple.

WHERE TO FILE A JEWELRY CLAIM CASE?

The court responsible for a jewelry claim case varies depending on whether the marriage is ongoing or not. In cases filed during the marriage, the family courts are responsible. Jewelry claims filed against third parties are heard in civil courts of general jurisdiction.

If the marriage has ended, that is, in cases filed after divorce, the family courts are responsible. However, if the divorce occurred before January 1, 2002, the civil courts of general jurisdiction are responsible. Therefore, the determination must be made according to the date of January 1, 2002.

The competent court is the court of the defendant’s residence. You can apply to the court of the defendant’s residence at the time of filing the lawsuit.

To avoid prolonging your lawsuit process, you must file your case in the competent and authorized court. Otherwise, your case may be dismissed procedurally.

PROVING IN JEWELRY CLAIM CASES

Jewelry cases pose the most problems in practice concerning the law of proof. As a plaintiff, you must bear the burden of proof. The burden of proof in jewelry cases is quite heavy.

Matters to be proven;

1. Proving the existence of jewelry

2. Proving that the jewelry is not in the possession of the plaintiff

These two matters must be proven for the acceptance of the case. In some decisions, the Supreme Court of Appeals may overlook the defendant’s claims that are contrary to the ordinary course of life, even if the plaintiff cannot meet the burden of proof. For example, it is considered contrary to the ordinary course of life for a woman expelled from her home after being subjected to violence to carry jewelry with her. In this case, the burden of proof will shift to the defendant. This situation will vary according to the concrete characteristics of each case. You can get legal advice from an Istanbul Divorce Lawyer.

Evidence to help you prove your claim

– Dowry document

The dowry document is a document containing explanations about the dowry items and is an important means of proof. It usually contains information about the jewelry as well. In this case, it will constitute conclusive evidence of the existence of the jewelry.

– Mehr document

– Wedding photos

– Video tapes

– Witnesses

– Admission

– Oath

DURATION OF JEWELRY CLAIM CASES

There is no need for a divorce case to be filed for a jewelry claim case. If the jewelry is present, a case can always be filed; it is not bound by time. However, if the jewelry has been disposed of, it must be claimed within the statute of limitations. Disposed of jewelry must be claimed within 10 years. The 10-year period starts from the finalization of the divorce decision.

RIGHTS IN A JEWELRY CLAIM CASE

The plaintiff who wins the jewelry case will have an optional right. The plaintiff will choose one of the rights granted to them. They can also use this right alternatively.

The plaintiff’s optional rights;

– They can request the jewelry to be returned in kind.

– They can request the monetary return of the jewelry.

Interest can also be claimed in a jewelry claim case.

SELLING OF JEWELRY

Jewelry may have been used for various purposes. For example, the jewelry may have been sold, and the amount obtained may have been spent. In this case, the groom who sold the jewelry should return the monetary equivalent to the plaintiff spouse. In practice, jewelry is usually sold after the wedding and spent on wedding debts. Additionally, it is seen that this money is used to buy cars or real estate. In this case, there is no physical jewelry to be returned. In such cases, the defendant groom remains indebted. The exception to this is if the groom can prove that the bride gave the jewelry to him with the intention of not asking for them back.

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