Sahin Sengul, E 
ORCID: 0000-0002-4741-2171 and Celt, D.O
(2021)
'Yargitay kararlari işiğinda nişanin bozulmasinda manevi tazminat = Non-pecuniary compensation in the termination of engagements in light of court of cassation decisions.'
İnönü Üniversitesi Hukuk Fakültesi Dergisi = Inonu University Law Review, 12 (2).
pp. 520-538.
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Abstract
Under Articles 120, 121, and 122 of the Turkish Civil Code (Law No. 4721), certain legal consequences are tied to the dissolution of an engagement, which is established by mutual promise to marry. These consequences include claims for pecuniary damages, non-pecuniary (emotional) damages, and the return of gifts. Regardless of the reason or fault for the termination, it is possible for either party to request the return of unusual gifts given by either party or their parents (or parental figures). However, claims for pecuniary and non-pecuniary damages are regulated differently from the return of gifts. To claim damages, the engagement must have ended specifically through dissolution. If it ends for other reasons, damages cannot be sought. Additionally, it must be shown that the engagement was ended either without a valid reason or due to the fault of the other party. Although there is some debate in the legal doctrine about whether the plaintiff must be entirely blameless or simply less at fault than the defendant, the law explicitly states that the defendant must be at fault. In addition to these conditions, for a claim of non-pecuniary damages, the plaintiff’s personal rights must have been violated due to the termination of the engagement. This study aims to examine, in light of Court of Cassation decisions, the conditions and scope of claims for non-pecuniary damages in cases of engagement dissolution.
| Item Type: | Article |
|---|---|
| Note: | Article written in Turkish with the abstract and the extended summary available in English. |
| Keywords: | engagement, breach of engagement contract, violation of personality right, fault, non-pecuniary damages |
| Subjects: | K Law > K Law (General) |
| Divisions: | Bath Business School |
| Related URLs: | |
| Date Deposited: | 26 Mar 2025 14:53 |
| Last Modified: | 26 Mar 2025 14:53 |
| ISSN: | 2667-5714 |
| URI / Page ID: | https://researchspace.bathspa.ac.uk/id/eprint/16680 |
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