GENERALLY
If the engagement has ended with the marriage relationship, the provisions of the marriage relationship will now begin to apply.
In the event that the engagement ends in death or awkwardness, there will be no consequences, except for the return of gifts and the release of the other fiance. When we look at it, it is always the result of returning gifts, except that the engagement ends with marriage.
If the engagement ends unfairly, it may lead to liability for material or moral compensation.
FINANCIAL COMPENSATION
The request for financial compensation for violation of the engagement is regulated in Article 120 of the Turkish Civil Code.
According to Article 120 of the TMK, “one of the betrothed has broken off the engagement without a justified reason, or the engagement
if it is broken for a reason that can be assigned to one of the parties; the party with the defect is honest with the other
his expenses and material sacrifices he has endured within the framework of his rules and for the purpose of marriage
he is obliged to provide an appropriate compensation in return. The same rule applies to engagement expenses
is applied.
The parents of the party entitled to seek compensation, or those who act like them, are the same
under the circumstances, they may seek appropriate compensation for their expenses.”
As can be seen from the above article, but the party who has broken the engagement for an unfair reason or has led to the breakdown of the engagement is obliged to pay compensation. The party entitled to compensation may request compensation for his material expenses, considering that the result of the engagement will end in marriage. This is compensation for non-performance of a contract that is believed to be for non-performance of a loss of interest, that is, its fulfillment. The right to claim financial compensation here is their relatives who act as betrothed, parents and parents.
MORAL COMPENSATION
The request for moral compensation as a result of a broken engagement is regulated in Article 121 of the Turkish Commercial Code.
Accordingly, “the party whose right to personality has been attacked because of the breakdown of the engagement may request the payment of an appropriate amount of money as moral compensation from the other party that is defective.” The difference between this and financial compensation is that the right to open this case belongs only to the engaged parties.
In its terms, the engagement has ended with a breakdown, the personal right of the fiance seeking compensation has been damaged, and the defendant is defective. The fiancee who will seek moral compensation must also be either flawless or less imperfect than the defendant.
AS A RESULT OF THE RETURN OF GIFTS
Fianc Dec who want to increase their commitment to the opposite party and the relationship between them can give each other gifts. This situation is regulated according to Article 122 of the Turkish Commercial Code;
TMK article 122 ” If the engagement ends for a reason other than marriage, unusual gifts that the betrothed have given to each other or the parents or those who act like them, the other betrothed, may be requested back by the givers.
If the gift cannot be returned in kind or twice, the enrichment provisions apply for no reason. ”
The statute of limitations for claims arising from the termination of the engagement is 1 year from the date of its expiration.(TMK article 123)
