If the engagement ends for a reason other than marriage, gifts given by the engaged couple to each other or by their parents or their representatives that are contrary to custom and tradition may be taken back by the givers. If the gift cannot be returned in kind or for its value, the provisions on unjust enrichment apply.
For gifts to be recoverable, the engagement must have ended for a reason other than marriage. If the engagement ends for a reason other than marriage, gifts given to the engaged parties may be recovered. For the gifts in question to be recoverable, they must be gifts that are contrary to custom and tradition. The legislator has specifically emphasized in the text of the article that gifts contrary to custom and tradition may be recovered.
The return of customary items cannot be requested. According to the established case law of the Court of Cassation, all gold, jewelry, and decorative items other than the engagement ring are considered contrary to custom and tradition. Customary gifts are items that wear out and are consumed through wearing or use (clothing, household items, shoes, etc.). The return of these items cannot be requested. Gifts such as bouquets of flowers, chocolates, shoes given to the fiancé, or a dress given to the fiancé’s mother are customary gifts and are not subject to return.
No defect is required for the return of engagement gifts. However, the defect condition applies in claims for material or moral compensation.
STATUTE OF LIMITATIONS
The right to file a lawsuit arising from the termination of the engagement expires one year after the date of termination. Therefore, relevant lawsuits must be filed within one year from the date of termination of the engagement.
COMPETENT AND AUTHORIZED COURT IN COMPENSATION LAWSUITS
Since the engagement relationship established between the parties is related to family law, the competent court for material and moral compensation lawsuits filed in the event of a broken engagement is the family court. In places where there is no family court, regional courts of appeal will hear these compensation lawsuits in the capacity of family courts.