Master'sOpen Access

Breach of engagement and its legal consequences

2021
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Advisor: Dr. Öğr. Üyesi Arkın Günay

Abstract (EN)

Engagement was regulated much shorter than marriage in TCC (Turkish Civil Code), and the definition of the relationship was also not made. At the beginning of this study, issues such as the definition, purpose and legal nature of the engagement were explained by using doctrinal views. In addition to this, issues that are not noted in the law such as whether people can get married or not without getting engaged and age limit for engagement were addressed. One of the aims of this study is to make people better understand that engagement is a legally protected relationship. Not every engagement will necessarily end in marriage. In this respect, people should know their rights arising from the termination of the engagement, especially "arising from the termination due to the breach of engagement". There is a general result of engagement that does not result in marriage, which is the debt of the parties to return gifts under Article 122 of the TCC. However, the consequences of breaking off the engagement, which is the reason for the termination of many engagements, are particularly important rather than the overall result of the termination of the engagement. These results are material compensation regulated in Article 120 of the TCC and spiritual damage compensation regulated in Article 121 of the TCC. At the beginning of the study, the early stages of engagement and the return of the gifts were mentioned and then the study ended by indicating the details of the breach of the engagement and its legal consequences, which is the subject of the thesis. The methods of dispute resolution submitted to the court and issues that are seen or likely to be seen in practice were presented to readers with our comments in the light of doctrinal views.

Author

Dr. Eren Akbaş

How to Cite

Eren Akbaş (Master Thesis). Breach of engagement and its legal consequences, 2021, Yalova University.

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