DUE TO THE BREAKING OF THE ENGAGEMENT
LAWSUIT FOR THE RETURN OF GIFTS
DUE TO THE BREAKING OF AN ENGAGEMENT
In my column this week, I will try to explain a very important issue to you. As you know, there has been an increase in divorce cases recently. The return of gifts appears as one of the consequences of the termination of an engagement.
Article 122 of the Turkish Civil Code contains regulations regarding the return of gifts due to the breaking of an engagement. If an engagement ends for a reason other than the promise of marriage, the extraordinary gifts given to the other fiancé by the fiancés themselves, their parents, or those acting as such may be requested back by the donors.
In a lawsuit for the return of gifts due to the breaking of an engagement, the following conditions must necessarily be met.
First of all, there must be a valid engagement relationship between the parties. If a man and a woman living together without a promise of marriage break up their relationship for no justifiable reason or for a reason attributable to one of the parties, it is not possible for them to request the return of gifts from each other. If a man and a woman who are dating break up their relationship for no justifiable reason or for a reason attributable to one of the parties, it is not possible for them to request the return of gifts from each other according to the provisions of Article 122 of the Turkish Civil Code. It is not possible for individuals who act like lovers, share the same house, maintain a life partnership, or live freely to request the return of gifts.
Another condition is that the engagement must have terminated.
Natural sadness and violation of interests resulting from the breaking of an engagement cannot be the basis for moral compensation. In order to claim moral compensation, an objective damage exceeding natural sadness must have occurred. At the same time, in order to claim moral compensation due to the breaking of an engagement, the damage must be proven based on concrete events and reasons. Furthermore, it is not required for the party who broke the engagement to be heavily at fault to claim moral compensation. If the judge accepts the moral compensation lawsuit filed due to the breaking of an engagement, they must award an appropriate amount of money as compensation. The amount of moral compensation to be awarded by the judge should be at a level that will restore mental balance and alleviate the pain felt.