If the engagement ends for a reason other than marriage, gifts given by the fiancés to each other or by their parents or persons acting in their stead that are outside the scope of customary gifts may be reclaimed by the givers. If the gift cannot be returned in kind or by equivalent value, the provisions on unjust enrichment apply.
For gifts to be recoverable, the engagement must have ended for a reason other than marriage. In the event that the engagement ends for a reason other than marriage, gifts given to the engaged persons may be recovered. For the gifts in question to be recoverable, they must be gifts that are not customary. The legislator has specifically emphasized in the text of the article that gifts that are not customary may be recovered. The return of customary items cannot be requested. According to the established case law of the Court of Cassation, all gold, jewelry, and ornaments other than the engagement ring are considered non-customary. Customary gifts refer to items that wear out and can be consumed through wearing or use. (Clothes, household appliances, shoes, etc.) The return of these items cannot be requested. Gifts such as a bouquet of flowers, chocolate, shoes given to the fiancé, or clothes given to the fiancé’s mother are customary items and are not subject to return.
No fault condition is required for the return of engagement gifts. However, the fault condition comes into play in claims for material or moral damages.
STATUTE OF LIMITATIONS
The right to file a lawsuit arising from the termination of the engagement expires one year after the termination. Therefore, the relevant lawsuits must be filed within one year from the date of termination of the engagement.
COURT WITH JURISDICTION AND COMPETENCE IN COMPENSATION LAWSUITS
Since the engagement relationship established between the parties is related to family law, the competent court for material and moral compensation lawsuits filed in the event of a broken engagement is the family court. In places where there are no family courts, the district courts will be competent for these compensation lawsuits in the capacity of family courts.
