1) Pre-contractual agreement:
-It was argued that marriage is a contract and that engagement is a preliminary step towards a future contract.
-However, engagement cannot be viewed in this way. This is because when a preliminary contract is made, it is stated that a contract will be made in the future, and if the other party avoids making the contract, they can be forced to do so by legal means; however, in engagement, the other party cannot be forced to marry.
-There is no formal requirement for engagement, but Article 29 of the Turkish Commercial Code explains the preliminary contract, stating that “the preliminary contract is subject to the form of the future contract.” Marriage, on the other hand, is a formal contract. There are contradictions on this issue.
2) Decision Opinion:
A decision is the name given to the use of the will of a sufficient number of people within a group of people in a certain direction.
-The decision of the general assembly of the association to expel a member. Those who support this opinion say that the engaged couple declare their desire to marry in a single direction, not to each other. However, this decision opinion is not appropriate to the nature of engagement.
3) Contract Opinion:
-Looking at the definition of a contract, the parties of the opposite sex reach an agreement through a declaration of intent, thus establishing the contract.
– The provisions regarding contracts in the Turkish Commercial Code are general in nature and apply to all types of contracts; however, these general provisions cannot be applied because an engagement contract is specifically regulated. Therefore, engagement is a family law contract.