Annulment Of Engagement Sample Court Of Cassation Decision
Court of Cassation Decision – 3rd HD, E. 2014/11651 K. 2015/4434 T. 19.03.2015
Article 4 of the Law No. 4787 on the Establishment, Duties and Trial Procedures of Family Courts stipulates that all cases arising from the issues regulated between Articles 118-395 of the Turkish Civil Code, except for the third part in the second book of the Turkish Civil Code No. 4721, shall be heard by the family court.
Since Article 122 of the TCC regarding the return of engagement gifts is included in the second book of the Turkish Civil Code, such cases should be heard and decided as a family court in the family court in places where there is an independent family court, and in the Civil Courts of First Instance determined by the High Council of Judges and Prosecutors in places where there is no independent family court.(Supreme Court of Appeal HGK dated 16.11.2005 and 2005/2-673 E. 2005/617 K.)
The duty is related to public order and should be taken into consideration by the court at every stage of the proceedings.
As such, the court, taking into account that the issue of jurisdiction is a rule of procedural law related to public order and should be considered ex officio even if it is not asserted by the parties, should make a decision by considering that the case should be heard in the Family Court, and in places where there is no Family Court, in the Civil Court of First Instance as the Family Court, but as a result of the erroneous evaluation, the trial was continued in the capacity of the Civil Court of First Instance without considering the issue of jurisdiction and a judgment was established on the merits of the matter, which was deemed contrary to the procedure and the law, and this matter required a reversal.
According to the reason for the reversal, it is not necessary to examine the appellate objections of the defendant’s attorney for now.
CONCLUSION: It is inappropriate to establish a judgment as written without taking into account the principles explained above, and since the appellate objections are appropriate for these reasons, it is accepted and the judgment is DISMISSED in accordance with Article 428 of the Code of Civil Procedure and the prepaid appeal fee can be paid upon request.
