GENERALLY
If the engagement has ended due to marriage, the provisions governing marriage shall apply.
If the engagement ends due to death or disappearance, no consequences arise other than the return of gifts and the release of the other fiancé. In essence, except when the engagement ends through marriage, the return of gifts always occurs.
Unjust termination of the engagement may give rise to liability for material or moral damages.
FINANCIAL COMPENSATION
Claims for material compensation due to the termination of the engagement are regulated in Article 120 of the Turkish Civil Code.
According to Article 120 of the Turkish Civil Code, “If one of the engaged parties breaks off the engagement without a valid reason, or
if the engagement is broken off for a reason attributable to one of the parties, the party at fault is obliged to pay appropriate compensation to the other party in accordance with the principle of good faith
and for the expenses and financial sacrifices made for the purpose of marriage.
The same rule applies to engagement expenses.
The parents of the party entitled to claim compensation, or those acting in their stead, are also entitled to compensation.
In this case, they may request appropriate compensation for the expenses they incurred.”
However, as can be understood from the above article, the party who unjustly breaks off the engagement or causes the engagement to be broken off is obliged to pay compensation. The party entitled to compensation may claim compensation for the financial expenses incurred in the belief that the engagement would result in marriage.
This is compensation for negative damage, i.e., compensation for the non-performance of a contract that was believed to have been performed. Here, the right to claim material compensation belongs to the fiancé, their parents, and relatives acting as guardians.
COMPENSATION
Claims for moral compensation due to the termination of an engagement are regulated in Article 121 of the Turkish Civil Code.
Accordingly, “The party whose personal rights have been violated due to the termination of the engagement may request the payment of an appropriate amount of money as moral damages from the party at fault.” The difference from material damages is that only the fiancés have the right to file this lawsuit.
In essence, the engagement has been terminated, the personality rights of the engaged party seeking compensation have been violated, and the defendant is at fault. The engaged party seeking moral damages must also be free from fault or less at fault than the defendant.
RETURN OF GIFTS
Engaged parties wishing to strengthen their loyalty and bonds with each other may exchange gifts. This situation is regulated in Article 122 of the Turkish Civil Code (TMK);
TMK Article 122 “If the engagement ends for a reason other than marriage, extraordinary gifts given to each other by the engaged parties or by their parents or persons similar to them may be requested back by the givers.
If it is not possible to return the gift in kind or in the same form, the provisions on unjust enrichment shall apply.”
The statute of limitations for claims arising from the termination of the engagement is one year from the date of termination. (TMK Art. 123)