PRECEDENT-SETTING RULING FROM THE SUPREME COURT: “WEDDING VIDEO RECORDINGS MUST BE EXAMINED FOR GIFTS GIVEN AT WEDDINGS”
PRECEDENT-SETTING DECISION FROM THE COURT OF CASSATION: “WEDDING VIDEO FOOTAGE MUST BE EXAMINED FOR GIFTS GIVEN AT THE WEDDING”
This week, I will attempt to explain to you, my valued readers, a precedent-setting decision by the Court of Cassation regarding the determination of jewelry given at weddings, which is one of the most curious topics in family law, along with examples.
A new one has been added to the issues regarding how to determine the jewelry given at weddings, which has been coming up very frequently recently. Parties experience disputes over which spouse should be given the jewelry worn at the wedding in the event of a divorce. There is a very important decision made by the Court of Cassation regarding family law, which especially concerns those who have claims for jewelry in divorce cases.
A new decision has been made by the Court of Cassation regarding jewelry given at weddings. Specifically, the Court of Cassation has concluded that the matter to be applied in determining the jewelry given at weddings is that wedding footage must be examined.
In a jewelry receivables lawsuit concerning the 'demands of a couple' undergoing a divorce case, the Court of Cassation ruled that a decision must be made after a detailed examination of the footage shot at the wedding is conducted.
A woman who divorced her husband in Antalya filed a lawsuit with a request for the restitution of jewelry in the Family Court, demanding that the value of the jewelry given at the wedding be paid to her. The Antalya 5th Family Court accepted the plaintiff woman's claim for jewelry receivables and decided that the jewelry receivable of 30 thousand liras be paid to the plaintiff woman.
However, the defendant appealed this decision rendered by the Local Court, and the file was sent for appellate review.
With the defendant ex-husband appealing the decision, the file came to the 2nd Civil Chamber of the Court of Cassation for review. The 2nd Civil Chamber of the Court of Cassation overturned the decision rendered by the local court. In the decision rendered by the 2nd Civil Chamber of the Court of Cassation, it is stated that in jewelry receivable lawsuits, the expert report must be prepared by calculating the values of all jewelry claimed by the woman as of the date of the lawsuit.
The 2nd Civil Chamber of the Court of Cassation stated that the value of the jewelry calculated in the expert report must be determined by evidence such as wedding CDs and wedding photos, and that the expert report submitted in the case did not contain such evidence.
"EXAMINATION OF WEDDING CD AND PHOTOGRAPHS..."
It was stated that the expert report prepared by the Local Court was made solely in line with the statements of the plaintiff woman. The Court of Cassation decision explained this explicitly as follows;
"A decision regarding the jewelry was made without obtaining a report suitable for inspection prepared by taking into account the evidence presented, especially the wedding CD. Under these circumstances, while the court should have obtained a detailed report suitable for inspection regarding the jewelry in the file by taking into account the reasons explained and by performing a detailed examination of the wedding CD and photographs, and should have rendered a decision containing reasoning suitable for inspection regarding the jewelry receivable by also evaluating the claims, defenses, and witness statements, the establishment of a judgment with incomplete investigation was not found correct and necessitated reversal."