This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Nişanın Bozulması: Tazminat ve Hediyelerin İadesi.
An engagement is a promise to marry; it obliges nobody to marry, but breaking it off without justification gives rise to claims for compensation and for the return of gifts. Every claim arising from the ending of an engagement is barred one year after it ends (Article 123 of the Civil Code).
An engagement is a status created when two people express a promise of marriage to one another, and it has legal consequences. In everyday life it is treated as a simple ceremony, but the Civil Code attaches real consequences to it. Breaking it off is always a right — but whether it is done with or without justification produces very different obligations. This article covers the return of gifts, compensation, and the time limits.
What an Engagement Means in Law
Articles 118 to 123 of the Civil Code govern engagements. An engagement is a legal relationship containing a promise of marriage, though it differs from a contract in the ordinary sense. No formal ceremony or written document is required: a ring, a betrothal gathering or a spoken promise can be enough.
The basic principles:
- Breaking it off is a right. Either party may end the engagement at any time. No court can order an engagement to continue, and nobody can be compelled to marry.
- Breaking it off without justification gives rise to compensation. A party who ends the engagement, or causes it to end, without good reason may have to make good the other's loss.
- Minors and persons under a restriction. Under Article 118/2 an engagement does not bind a minor or a person under a restriction without the consent of their legal representative — the test is minority, not a particular age.
Can the Gifts Be Recovered?
Where an engagement ends for a reason other than marriage, gifts outside the customary may be recovered. The rule applies regardless of who ended the engagement or why. Under Article 122:
- Both sides must return. Each party returns what they received. The party who broke the engagement off without justification must return the gifts they received as well.
- Family gifts too. It is not only gifts between the engaged couple: gifts given to the other party by parents, or by those acting as parents — gold, jewellery, household goods — may also be recovered, by the person who gave them.
- Return in kind. Gifts are returned as they are where possible. Where a gift has been consumed, lost or otherwise cannot be returned, its value is paid in money.
- Customary gifts stay. Ordinary, customary gifts cannot be reclaimed. The engagement ring and valuable jewellery such as bracelets are as a rule returnable.
Compensation for Breaking an Engagement
Breaking an engagement off without justification can give rise to two kinds of claim:
- Pecuniary damages (Article 120). Expenditure incurred because of the engagement, and in the expectation of marriage, may be claimed: the deposit on a venue, engagement clothes, household goods, advance payments for the wedding. Decisions about a career can fall within it too — a party who changed jobs or gave up an opportunity abroad for the other may claim that loss.
- Non-pecuniary damages (Article 121). Breaking an engagement off without justification may injure the other party's honour and personality rights. Aggravating facts — the engagement being ended publicly or in humiliating circumstances, or an infidelity coming to light — affect the amount.
Compensation requires fault on the part of the person who ended it. Where both parties bring the engagement to an end by agreement, claims for compensation are generally refused. The court assesses fault on the facts of the case.
“Where an engagement ends for a reason other than marriage, gifts outside the customary given to the other party by the engaged persons, or by their parents or those acting as parents, may be reclaimed by those who gave them.” — Civil Code, Article 122
| Claim | Who may bring it | Provision |
|---|---|---|
| Return of gifts | Both parties, and third parties who gave gifts | Art. 122 |
| Pecuniary damages | The party whose expenditure towards the marriage was wasted | Art. 120 |
| Non-pecuniary damages | The party whose personality rights were injured | Art. 121 |
Customary gifts cannot be reclaimed. The ring and valuable jewellery are as a rule returnable.
How Long Do You Have?
Claims for compensation and for the return of gifts are time-limited. Under Article 123 the period is one year from the end of the engagement. It is a limitation period rather than a forfeiture period, but the distinction makes little practical difference: a claim brought after a year meets a plea of limitation that will succeed.
If a dispute has arisen, take advice quickly. Having both the return of gifts and any compensation claim assessed by a family lawyer is the surest way of protecting your position.
Frequently Asked Questions
Can I be forced to go through with a marriage?
No. Either party may end an engagement at any time, and no court can order it to continue. Only the financial consequences are governed by law.
Which gifts have to be returned?
Gifts outside the customary, including those given by parents or those acting as parents. Ordinary customary gifts cannot be reclaimed; the ring and valuable jewellery as a rule can.
Does the person who broke it off get to keep their gifts?
No. The obligation to return is mutual and does not depend on who ended the engagement or why.
What can I claim as compensation?
Expenditure made in the expectation of marriage under Article 120 — venue deposits, furniture, clothing, and career losses — and non-pecuniary damages under Article 121 where your personality rights were injured. Fault must be shown.
How long do I have to bring a claim?
One year from the end of the engagement, under Article 123. After that a plea of limitation will defeat the claim.