FINANCIAL AND MORAL COMPENSATION DUE TO THE BREAKDOWN OF ENGAGEMENT

Abstract

Engagement is the first step in establishing a family, which is the foundation of society. The provisions on engagement are stipulated in Articles Turkish Civil Code No. 4721 118-123. Including the provisions on engagement in the Civil Code clearly shows that the engagement is a legal relationship and this legal relationship will have some provisions and consequences. Couples who are engaged by promising to marry each other have certain rights and obligations arising from the engagement. In the event that the parties fail to comply with the obligations arising from the engagement, they will face various sanctions in accordance with the Turkish Civil Code. In the law, these sanctions are counted among the consequences of the breakdown of engagement. In the law, the consequences in the event of the engagement being broken are stated as financial compensation, non-pecuniary damages and the return of gifts. For this reason, the party that does not comply with the obligations arising from the engagement will face the obligation to pay material and moral compensation. In our study, the provisions regarding the engagement in the Turkish Civil Code numbered 4721 are examined and the rights of the parties to demand material and moral compensation in case of breakdown of the engagement, the conditions of these cases, the parties' obligation to prove, authorized courts and statute of limitations are evaluated.