Jewelry Case
WHAT IS AN ADORNMENT CASE?
Jewelry is defined as ornaments made of precious metals such as gold and silver and worn by people. In terms of our subject of examination, it is possible to define jewelry as gifts given to the bride and groom on the occasion of marriage. In this context, jewelry such as bracelets, gold bracelets, necklaces, necklaces, jewelry sets, bracelets, watches, earrings and rings, quarter gold, half gold, republic gold and reşat gold are also considered as jewelry. In addition to precious stones and metals, money given for the wedding ceremony is also considered as jewelry.
The Court of Cassation considers the jewelry gifted on the occasion of marriage as the personal property of the woman pursuant to Article 220 of the Turkish Civil Code. The justification is that “the jewelry worn during the wedding ceremony is considered to be donated to the woman and these gifts, which are in the nature of gratuitous acquisition, are the personal property of the woman pursuant to Article 220/b.II of the Turkish Civil Code”. Accordingly, the jewelry items will not be shared with the husband during the liquidation of the regime of participation in the acquired property, and they are left to the disposal of the wife during the continuation of the acquired property regime. Therefore, in case the husband seizes the personal property of the wife, a lawsuit for the return of the jewelry/jewelry claim can be filed.
Since the jewelry lawsuit is not ancillary to the divorce lawsuit, it can be filed before the divorce lawsuit, together with the divorce lawsuit or after the divorce lawsuit. Likewise, the jewelry lawsuit is an independent lawsuit that is not an accessory of the claim for participation due to the liquidation of the property regime.
What are the conditions for an action for trinket?
Three conditions must be met for the acceptance of the jewelry lawsuit. These are the existence of a claim for restitution, proving the existence of the jewelry and proving that the jewelry does not remain with the plaintiff.
The claimant spouse may make a claim for the jewelry without being bound by the property regime. For this purpose, the claim for jewelry can be claimed through an independent lawsuit duly filed, as well as through a counterclaim. Likewise, the claim for jewelry can also be claimed in the petition for divorce.
Who can file an action for trinket?
As a rule, an action for jewelry can be filed by the person whose jewelry has been taken away from him/her against his/her will. For example, the spouse who is subjected to physical violence by his/her spouse and leaves the house, who cannot return to the common residence after going to the hospital, whose gold was exchanged during the marriage, or whose jewelry was taken away from him/her by his/her in-laws may file this lawsuit. The lawsuit for jewelry receivables can be filed by a man as well as a woman; however, in practice, it is usually filed by a woman. It is not necessary for the parties to have the status of spouse to file this lawsuit.
How to file a jewelry lawsuit?
The jewelry lawsuit is filed by the person claiming the jewelry receivable by showing the person from whom the jewelry receivable is claimed as the defendant, specifying the types and amounts of the jewelry confiscated by the defendant, and adding the wedding video and photographs, if any, as evidence. In addition, the lawsuit should request the return of the jewelery in kind, or if it is not possible to return the jewelery in kind, the payment of compensation over the value of the jewelery on the date of the lawsuit. In the event that only the return of the jewelery is requested, if the jewelery cannot be reached, the lawsuit will be rejected due to the fact that the judge is bound by the request.
