VIEWS ON THE LEGAL CHARACTERISTICS OF ENGAGEMENT

1) pre-contract opinion:

-If marriage is a contract, engagement is also a pre-contract that a contract will be made in the future.

– But that’s not how you see engagement. Because when a pre-contract is made, it is stated that a contract will be made in the future, and if the counterparty avoids making a contract, it may be forced to enter into a contract by legal means, but in engagement, the counterparty cannot be forced to marry.

– There is no form requirement for engagement, but TBK article 29 when explaining the preliminary contract, it says,” the preliminary contract is subject to the form of the contract that will be made in the future.” Marriage is a form-dependent contract. There are contradictions about this.

2) Opinion Of The Decision:

– Decision is the name given to a sufficient number of people in a community of people to use their will Statements in a specific direction.

-A decision by the General Assembly to remove a member from the association. Proponents of this view say that engaged people declare a will to marry in one direction together, not towards each other. But the opinion of the decision does not correspond to the structure of the engagement.

3) Contract Opinion:

– When we look at the definition of a contract, the parties of the opposite sex are engaged by a declaration of Will, so that the contract is established.

– The provisions concerning contracts in TBK are general in nature, applicable to all types of contracts, but these general qualified provisions cannot be applied, as the engagement is specially regulated. Accordingly, engagement is a family law contract.