If the engagement is terminated for a reason other than marriage, unusual gifts given by the fiancées to each other or by the parents or those who act like them to the other fiancé may be demanded back by the givers. If the gift cannot be returned in kind or in kind, the provisions on unjust enrichment shall apply.
In order to demand the return of the gifts, the engagement must be terminated for a reason other than marriage. In the event that the engagement is terminated for a reason other than marriage, the gifts given to the engaged persons can be requested back. In order for such gifts to be reclaimed, they must be unusual gifts. The legislator has emphasized in the text of the article that gifts given out of the ordinary can be requested. The return of the usual, that is, customary items cannot be requested. According to the established case law of the Court of Cassation, all gold, jewelry and trinkets other than engagement rings are not customary. What is meant by customary (usual) gifts are items that can be worn out and consumed by wearing and using (clothes, household appliances, shoes, etc.) The return of these items cannot be requested. Gifts such as a bunch of flowers, chocolates, shoes given to the fiancé, a dress given to the fiancé’s mother are not included in the scope of gifts that need to be returned because they are customary (habitual) items.
In the case of the return of engagement gifts, no fault condition is required. However, in claims for pecuniary or non-pecuniary damages, the fault condition comes to the fore.
STATUTE OF LIMITATIONS
Litigation rights arising from the termination of the engagement are time-barred after one year has elapsed since the termination of the engagement. For this reason, the relevant lawsuits must be filed within one year from the date of the end of the engagement.
COMPETENT AND AUTHORIZED COURT IN COMPENSATION CASE
Since the engagement relationship established between the parties is related to family law, the competent court for material and moral damages to be filed in case the engagement is broken is the family court. In places where there are no family courts, the civil courts of first instance will be in charge of these compensation cases as the family court.
