Compensation Lawsuit Due to Broken Engagement

A lawsuit for damages arising from a broken engagement involves compensation that the person who promised to marry must pay if they retract that promise. If engagement is considered a contract in legal terms, then the engaged relationship is evaluated similarly.

When an engagement is broken, certain rights arise for both parties. If one of the fiancés breaks the engagement for arbitrary reasons, they may face consequences such as divorce. Breaking the engagement can lead to both financial and emotional damages, and may also require the return of engagement gifts and preparations.

What does getting engaged mean?

According to Article 118 of the Turkish Civil Code, engagement is a mutual promise to marry between a man and a woman. This promise can be made verbally or in writing, or it can be demonstrated through actions such as exchanging engagement rings. An engagement is considered complete in the context of civil law.

However, promises or declarations of marriage from others are not considered engagement. Engagement is only valid with the consent of the individuals getting engaged. Promises made by parents or other relatives do not constitute an engagement.

An engagement may be deemed invalid in certain circumstances:
– Engagements that are contrary to law, morality, or personal rights;
– Engagement of a married person;
– Engagement of a mentally ill person;
Engagement between close blood or in-law relatives
; – Engagement between adoptive parents.

For an engagement to be valid, the individuals must have full or limited legal capacity and the permission of their legal representative. Those who are completely incapacitated are not held responsible for the financial consequences of the engagement.

Engagement Provisions within the Scope of Family Law

Engagement creates an obligation to marry and a duty of fidelity. However, engagement does not constitute compulsion to marry (Turkish Civil Code, Article 119). The penalty or compensation for withdrawal stipulated in cases of avoidance of marriage cannot be sued for, and payments made cannot be reclaimed (Turkish Civil Code, Article 119/2). Therefore, the compensation for withdrawal determined for the purpose of avoiding marriage is considered an incomplete obligation.

Fiancés are considered "relatives" in certain legal situations. For example, regulations regarding disinheritance may apply if a fiancé commits a serious crime. Furthermore, fiancés may claim compensation for loss of support (Turkish Code of Obligations, Article 53). However, no kinship relationship is established between fiancés. A fiancé may refuse to testify in their fiancé's case (Turkish Code of Civil Procedure, Article 248/f.1/a), and the judge is prohibited from hearing their fiancé's case (Turkish Code of Civil Procedure, Article 34/f.1/e). If one fiancé dies as a result of an unlawful act, the other fiancé may file a lawsuit for compensation for loss of support or moral damages.

Lawsuits That Can Be Filed Due to Breaking Off an Engagement Ring

If one of the fiancés breaks off the engagement by discarding the engagement ring without a valid reason, the at-fault party must bear the consequences. Fault is not a factor in the return of engagement gifts and preparations. The statute of limitations for lawsuits arising from the breaking of an engagement is one year. Family Courts have jurisdiction in these cases, and the court of the defendant's place of residence is determined. These cases are subject to proportional court fees, and interest accrues from the date of the breaking of the engagement. Any document, witness statement, engagement video, and photographs can be used as evidence.

If one of the fiancés breaks off the engagement without justifiable cause, or due to culpable conduct, they may be liable for compensation. The culpable party is obligated to provide appropriate compensation for expenses and financial sacrifices made by the other party, relying on the validity of the engagement. Financial compensation aims to cover the negative damage resulting from the breaking of the engagement. This damage is the monetary loss that would not have occurred if the engagement had not taken place.

The parents or guardians of the fiancé(e) can claim reimbursement for expenses incurred.

Claim for Moral Damages Due to the Breaking of an Engagement (Turkish Civil Code Article 121)

The party whose personal rights have been violated as a result of a broken engagement can claim moral damages from the other party at fault. However, the mere breaking of the engagement is not sufficient to claim moral damages. The claimant's personal rights must have been seriously violated, and the distress caused must be extraordinary. Moral damages are claimed for the distress and discomfort experienced due to the violation of personal rights. For example, the amount of moral damages due to a broken engagement is generally estimated at around 10,000 TL, but this amount may vary depending on the specific circumstances of the case.

 Return of Engagement Gifts (TMK 122)

When an engagement ends, unusual gifts may be reclaimed. In the event of a broken engagement, these unusual gifts are considered "unjust enrichment." Therefore, gifts that can be returned will be returned. Whether either party is at fault in the breaking of the engagement is irrelevant for the return of engagement gifts.

Engagement gifts can include easily consumable clothing, hairdressing expenses, jewelry, engagement gold, ornaments, mobile phones, and computers. Engagement rings, however, are generally considered customary gifts and cannot be returned.

For gifts to be returned, they must have been given during or because of the engagement. In the case, the value of the jewelry at the time the engagement was broken off must be determined. For example, the price of the engagement ring is calculated based on its value at the time the engagement was broken off.

Bride Price and Broken Engagement

There are differing opinions regarding bride price. The Supreme Court has ruled that bride price is contrary to law and morality and is therefore invalid. Since demanding a bride price is considered a violation of personal rights in Turkish customs and traditions, the bride price cannot be reclaimed.

Important Considerations in Compensation Claims Due to Broken Engagement

According to Supreme Court precedents, in cases of separation between couples who have started living together after an engagement and religious marriage ceremony, the law of obligations, not family law, applies, and the competent court is the Civil Court of First Instance. Since it is not possible for a married person to be engaged, the competent court in such cases will be the Civil Court of First Instance.

Regarding the burden of proof, it has been stated that the party claiming that the money in question was sent as an engagement gift is obligated to prove this. Furthermore, the fact that the gifts were given and not returned can be proven by any kind of evidence.

In claims for moral damages, the judge must consider factors such as the nature of the incident, the degree of fault of the parties, and their economic circumstances when determining the amount of compensation. The amount of moral damages is determined to provide the injured party with emotional satisfaction, and this compensation is not for damages related to criminal or property law.