Engagement is a legal relationship established by a promise of marriage and imposes reciprocal obligations on the parties. Although neither party can be legally forced to marry, termination of an engagement may, in certain circumstances, lead to material and moral legal consequences. The Turkish Civil Code regulates in detail the rights of the parties—and, in some cases, certain third persons—when an engagement is broken.
Right to Claim Material Compensation Upon Termination of Engagement
Pursuant to Article 120 of the Turkish Civil Code, a claim for material compensation typically arises where the engagement is terminated unilaterally. In such cases, the party at fault for the termination may be obliged to pay material compensation to the innocent or less at-fault party.
Material compensation may be claimed against a person who:
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breaks the engagement without a justified reason, or
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causes the engagement to end through their own fault.
Conversely, if the engagement ends due to a justified reason that cannot be attributed to either party, no material compensation may be claimed.
The scope of compensation includes expenses incurred by the innocent party in reliance on the expectation of marriage. Costs such as engagement ceremony expenses, wedding preparations, renting a home, purchasing household goods, and similar expenditures may fall within this scope—provided they were made during the engagement period and are consistent with the principle of good faith.
Material Compensation Claims by Third Persons
Article 120 also grants the right to claim material compensation not only to the engaged parties but also to the engaged person’s parents or persons acting in a similar capacity. These persons may seek reimbursement for expenses they incurred in reliance on the marriage expectation, to the extent such expenses remain within the boundaries of good faith.
This regulation aims to protect the financial burdens that families often undertake during engagement and marriage preparations.
Moral (Non-Pecuniary) Compensation
Under Article 121 of the Turkish Civil Code, a claim for moral compensation requires that:
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the engagement ended through breaking it,
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the claimant’s personal rights were harmed, and
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the other party is at fault.
If breaking the engagement results in a person being publicly humiliated, their honor being damaged, or their personality rights being violated, moral compensation may be considered. The judge awards compensation on an equitable basis, taking into account the circumstances of the case and the parties’ situation.
Return of Engagement Gifts
Pursuant to Article 122 of the Turkish Civil Code, if the engagement ends for a reason other than marriage, non-customary gifts given due to the engagement may be reclaimed by the donors. This applies to gifts exchanged between the engaged parties as well as gifts given by parents or persons acting like parents.
Conditions for restitution generally include:
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the gift must have been given because of the engagement,
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it must exceed what is considered customary, and
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the engagement must have ended without marriage.
If returning the gift in kind (or its equivalent) is not possible, the provisions on unjust enrichment apply. Fault is not a requirement; even the party at fault may request the return of gifts they gave.
Limitation Period
Claims arising from the termination of an engagement—namely:
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material compensation,
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moral compensation,
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return of gifts,
must be asserted within one year from the date the engagement ended. Actions filed after this period are rejected due to limitation.
Our Legal Support as Avrasya Law Office
Termination of engagement may create sensitive consequences both emotionally and legally. Accurate assessment of material and moral losses and proper procedural management are essential to avoid loss of rights. Avrasya Law Office provides effective and professional legal consultancy in compensation and gift restitution disputes arising from the termination of engagement.
