NEWSLETTER-2019-metin

393 MISCELLANEOUS “It has been decided on the merits of the case by the Court with the statement that the dispute is based on Article 121 of the Turkish Civil Code regarding breaking off an engagement. An engagement is a kind of promise regarding the marriage of a girl and a boy who are at marriageable age, given by their families and close friends, in line with the customs and traditions of the region. An engagement is a family law agreement, and it is regula- ted under Article 118 of the Turkish Civil Code without any form requirement. In order for the engagement is to be legally valid, it shall be conducted with a ritual, be announced, and be realized with the witness by family members. Although the claimant requests pecuniary and non- pecuniary damages with a claim that her personal rights have damaged as the result of the breaking-off of the engagement, an engagement ceremony had not been conducted in a traditional manner, and this matter has been accepted by the claimant. In the case at hand, since the parties gathered sporadically in an informal manner, it is impossible to find the existence of an engagement and a relationship under which legal protection is necessitated. Since it is understood from the contents of the file that the parties are not engaged, the parties’ relationship shall be evaluated, not according to principles of family law, but with the law of obligations, especially with the provisions regarding tortious acts.” The same Chamber reached the same conclusion in its decision numbered 22515/9548 and dated 04.10.2018. The conclusion under which the parties have subjected the engage- ment to a voluntary form shall not be drawn from any of the decisions. The 3rd Civil Chamber of the Court of Cassation has clearly stated that an engagement is a family law agreement, and any form require- ment is not regulated under Article 118 of the Civil Code. Neverthe- less, the Chamber has subjected engagements to a form requirement, stating that “ in order for the engagement to be legally valid, it shall