NEWSLETTER-2019-metin

392 NEWSLETTER 2019 For instance, according to Erdem, “Engagement takes place when the parties promise to marry, reciprocally; in other words, when one party accepts the proposal of the other party. There is no specific form required by law for engagement. The will of the parties to marry can be declared explicitly (verbally or in writing) and, as well, it can be provided, implicitly (in particular, by the behaviors exhibiting the will). In events such as engagement ceremonies and ring exchanges, these are considered only in terms of showing the will of the parties”. 1 Again, according to Dural/Öğüz/Gümüş, “ The statement of will, which includes the promise of marriage, could be made explicitly, either verbally or in writing, or by behavior that reveals this desire. If a man and woman extend their hands to wear an engagement ring without saying anything, this is considered as behavior that includes the promise of marriage. Likewise, some behaviors may constitute a presumption of will for the existence of the promise of marriage. The existence of long-term, sexual intercourse between parties can be in- terpreted as such”. 2 According to the same authors, there is no obstacle for parties to attribute the validity of an engagement to a form, for example, as sought in the decisions of the Court of Cassation, below, to an engage- ment ceremony. This is a “voluntary form” in terms of Article 17 of the TCO. But it should be known that even in this case, an engagement that is not subject to any form can be made, even by not performing the ceremony 3 . Decisions of the 3rd Civil Chamber of the Court of Cassation Considering Engagement In the case that was the subject of the decision of the 3rd Civil Chamber of the Court of Cassation dated 05.03.2018 and numbered 12231/2059, the plaintiff requested pecuniary and non-pecuniary damages due to the breaking-off of the engagement. The Court of Cas- sation rejected this decision, as follows: 1 Erdem, Mehmet: Aile Hukuku, Istanbul 2019, p. 24. 2 Dural, Mustafa / Öğüz, Tufan / Gümüş, Mustafa Alper : Türk Özel Hukuku, V. III, Aile Hukuku, Istanbul 2019, p. 16. 3 Dural/ Öğüz/ Gümüş : p. 18.