DUE TO THE BREAKING OF THE ENGAGEMENT
NON-PECUNIARY DAMAGES CASE
DUE TO BREACH OF ENGAGEMENT
In this week's column, I will attempt to explain a very important topic to you. As you are aware, there has been an increase in divorce cases recently. Article 121 of the Turkish Civil Code regulates the claim for non-pecuniary damages due to the breach of an engagement. The party whose personal rights have been infringed upon due to the breach of the engagement may request that the other, at-fault party pay an appropriate amount of money as non-pecuniary damages. Non-pecuniary damage is an objective reduction in personal values. Non-pecuniary compensation is the form of redress for non-pecuniary damage. Non-pecuniary compensation aims to compensate for the damage caused to a person's personal values. For non-pecuniary damages to be awarded, the infringing act must cause an objective reduction in personal values, and there must be an appropriate causal link between the damage and the act.
The pain and suffering experienced are not the non-pecuniary damage itself, but rather its manifestation. In order not to deprive legal entities, those who are unconscious, and those who hide their pain internally of the right to claim compensation by classifying pain and sorrow as non-pecuniary damage, the legislator has specifically regulated certain situations where non-pecuniary compensation may be awarded. Non-pecuniary damages due to the breach of an engagement is one of these situations.
In order to claim non-pecuniary damages due to the breach 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 end this union without a justified reason or for a reason attributable to one of the parties, it is not possible for them to claim non-pecuniary damages from each other.
The natural sadness and violation of interests resulting from the breach of an engagement cannot form the basis for non-pecuniary damages. For a claim for non-pecuniary damages to be made, an objective damage that exceeds natural sadness must have occurred. At the same time, in order to claim non-pecuniary damages due to the breach of an engagement, the damage must be proven based on concrete events and reasons. Furthermore, it is not required for the party who breached the engagement to be heavily at fault for non-pecuniary damages to be requested. If the judge accepts the non-pecuniary damages case filed due to the breach of an engagement, they must award an appropriate amount of money as compensation. The amount of non-pecuniary compensation to be awarded by the judge should be at a level that restores mental balance and alleviates the pain experienced.