
The 2nd Civil Chamber of the Supreme Court of Appeals made an exemplary decision in the case of the couple who broke up shortly before the wedding after their engagement.
In the case of the young couple who broke off their engagement shortly before the wedding, the Supreme Court ruled that, in accordance with the Turkish Civil Code, unusual engagement gifts can be requested back without looking for fault.
AI-generated summary
In case of termination of the engagement, the return of gifts is regulated in the Turkish Civil Code.
The young couple, who got engaged to get to know each other before marriage, broke off the engagement shortly before the wedding. The bride-to-be went to the Family Court and demanded the return of the gifts worn during the engagement ceremony. He demanded 22 thousand 500 TL for glassware, bundle, groom's suit and engagement expenses, 600 TL for the gifted watch and 1,900 TL for the gifted ring.
The plaintiff and counter-defendant son-in-law requested the rejection of the case. The court ordered the return of the gifts. When the decision was appealed, the 2nd Civil Chamber of the Supreme Court of Appeals stepped in.
"EVERYONE CAN WANT THE GIFT GIVEN AT THEIR ENGAGEMENT"
In the Supreme Court decision; Attention was drawn to the provision of the Turkish Civil Code No. 4721, "If the engagement ends for a reason other than marriage, the unusual gifts given by the engaged spouses to each other or by the parents or those acting as them to the other engaged person may be requested back by the givers."
In the decision, it was emphasized that the gifts must be unusual in order for the gifts to be requested back; It was emphasized that no fault will be sought in cases regarding the return of gifts due to the breakup of the engagement. In the case law of the Supreme Court, it was stated that all gold, jewelry and ornaments other than the engagement ring are accepted as unusual gifts. It was stated that due to the breakup of the engagement, the jewelery that the engaged spouses had given to each other or to the other engaged by the parents or those acting like them could be requested back by those who gave it to the other engaged.

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