Breach of Engagement in Turkey: How to Claim Damages and Return of Gifts

Engagement is a family-law relationship constituting a promise of marriage, and its termination can, under certain conditions, give rise to claims for damages and the return of gifts.

Damages Claim for Breach of Engagement

Under Article 120 of Turkish Civil Code No. 4721, if one of the parties breaks off the engagement without just cause, or is at fault in causing its breakdown, the other party and their parents may claim compensation for the material loss they suffered from expenses incurred and gifts given in good faith. A party whose personality rights were seriously harmed may also claim moral damages.

Requirements for the Damages Claim

For damages to be claimed, the engagement must have been broken off through the defendant's fault or without just cause; where both parties are at fault, or the engagement ends for a just cause, the damages claim is dismissed. Material damages may cover concrete expenses such as wedding preparation costs and household goods purchased for the marriage.

Return of Engagement Gifts

Under Article 122 of the Turkish Civil Code, if the engagement ends for a reason other than marriage, either party, their parents, or those acting in a parental capacity may request the return of gifts beyond customary practice given to the other party or their family. In this action, anyone may reclaim their gift regardless of fault — who broke off the engagement, and why, does not affect the return claim.

Which Gifts Are Covered by the Return Claim?

In Court of Cassation case law, all jewellery items except the engagement ring and a single-stone ring are treated as gifts beyond customary practice and may be reclaimed; by contrast, small, everyday gifts of little value are excluded from this scope.

Filing Deadline

Under Article 123 of the Turkish Civil Code, the right to file both the damages action and the action for the return of gifts is subject to a one-year limitation period from the breakdown of the engagement; a case filed after this period is dismissed if the limitation defence is raised.

Practical Recommendations

Keep invoices or other evidence of valuable gifts received during the engagement (ring, jewellery, household goods); if the engagement breaks down, pursue your damages and return claims before the one-year period expires.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.