THE LEGAL NATURE OF ENGAGEMENT

What is engagement?

 

Engagement, according to the Turkish Civil Code, is a legal process formed when two individuals mutually promise to marry each other and publicly declare this promise. Engagement is not a legally valid marriage contract; however, the engagement period does have certain legal consequences. It establishes a legal bond between the parties and creates specific rights and obligations for them.

 

The Legal Nature of Engagement

 

Engagement is a preparatory stage for marriage. It establishes a mutual bond between the parties, but this bond does not obligate the parties to marriage. Engagement is a contract, and the parties to this contract are the engaged couple. Engagement involves a promise to marry, and failure to fulfill this promise can have legal consequences for the parties.

 

Validity of Engagement

 

According to the Turkish Civil Code, certain conditions must be met by both parties for an engagement to be valid. These conditions are age, consent, and the absence of moral or legal impediments.

 

1. Age Requirement: While there is no age requirement for engagement, the parties must have the capacity to understand and make reasoned decisions. Engagement is not binding on minors or those under guardianship unless their legal representatives consent.

 

2. Consent Requirement: The parties must freely and explicitly express their intention to become engaged. An engagement forced upon the parties, disregarding their will, is legally invalid.

 

3. Moral and Legal Obstacles: There should be no moral or legal impediments to the marriage between the parties. Marriage between ascendants and descendants, siblings, cousins ​​(uncles and aunts), and their nieces and nephews, as well as between adoptive parents and their adopted children, are prohibited.

 

Termination of Engagement

 

An engagement ends with marriage or the breaking of the engagement. In the case of marriage, the parties become subject to the marriage provisions regulated by law. In the case of a broken engagement, one party may break the engagement or the other may agree to terminate it. A broken engagement means that the promise of marriage will not be fulfilled and has certain legal consequences.

 

Legal Consequences of a Broken Engagement

 

The dissolution of an engagement can lead to claims for both material and moral damages. The return of gifts exchanged during the engagement period may also become a matter of concern following the dissolution of the engagement. Expenses and costs incurred between the parties may also be subject to compensation claims.

 

 

1. Financial Compensation in Case of Broken Engagement: If one of the fiancés breaks off the engagement without a valid reason, the other party may claim financial compensation. The party who breaks off the engagement without a valid reason is obligated to provide appropriate compensation to the other party for the expenses and financial sacrifices made in accordance with the principles of good faith and with the intention of marriage. For example, expenses incurred for wedding preparations can be considered within this scope.

 

2. Moral Damages in Case of Broken Engagement: If one of the fiancés breaks off the engagement without cause, the other party may claim moral damages. This compensation is paid to make up for the emotional harm caused by the broken engagement. A claim for moral damages may arise if one of the parties has suffered damage to their honor, pride, and emotional state as a result of the broken engagement.

 

3. Return of Gifts and Items: Gifts given during the engagement period must be returned if the engagement is broken. According to Article 122 of the Turkish Civil Code, if the engagement ends for a reason other than marriage, gifts given by the fiancés to each other, or by their parents or those acting as such, to the other fiancé, may be reclaimed by the givers. Gifts given to persons other than the fiancés due to the broken engagement cannot be reclaimed. If the gifts cannot be compensated in kind, compensation will be provided according to the provisions of unjust enrichment.

 

Cancellation of Engagement

 

In some cases, the annulment of an engagement may be considered. Annulment occurs when the engagement is deemed invalid. For example, situations such as one of the parties lacking the legal capacity to be engaged, or the engagement being entered into through deception, threat, or coercion, may lead to the annulment of the engagement.

 

Engagement and Its Significance in Society

 

Engagement holds significant social importance. It is the first step a couple takes towards marriage, and this step is generally supported by families and society. Engagement serves as a declaration of the couple's intention to marry to society, and therefore engagement ceremonies are often large and elaborate. However, a ceremony is not necessary to prove engagement; a declaration of intent by both parties is sufficient.

 

 

Conclusion

 

Engagement, according to the Turkish Civil Code, is a process involving a promise to marry and creating legal consequences between the parties. For an engagement to be valid, the parties must have the capacity to engage and must do so freely and voluntarily. The dissolution, annulment, or culmination of marriage of an engagement gives rise to various legal consequences. These consequences define the rights and obligations of the parties and highlight the importance of the engagement process.

 

According to the Turkish Civil Code, engagement is an important step on the road to marriage, and this step can have significant social and legal consequences. Therefore, it is crucial for both parties to be aware of their rights and obligations during the engagement process and to make informed decisions.