Precedent-setting ruling from the Court of Cassation: The fate of gold gifts upon the breaking of an engagement is decided

The 2nd Civil Chamber of the Court of Cassation has issued a precedent-setting ruling in cases concerning the return of jewelry and gifts following the breaking of an engagement. According to the ruling, if an engagement ends for any reason other than marriage, "extraordinary" gifts given to the other party by the parties themselves, their families, or those acting as family can be reclaimed.

The dispute was brought to the judiciary after a couple, whose engagement was broken shortly before the wedding, faced off over the gifts. The bride-to-be requested the return of certain gifts given and worn during the engagement ceremony; she demanded 22,500 TL for glassware, a dowry bundle, a groom's suit, and engagement expenses, 600 TL for a gifted watch, and 1,900 TL for a ring. The groom's side requested the dismissal of the case.

The Family Court ruled for the return of the gifts. Upon the appeal of the decision, the file was brought before the 2nd Civil Chamber of the Court of Cassation.

NO REQUIREMENT TO PROVE FAULT

The Court of Cassation's ruling drew attention to the provision in the Turkish Civil Code No. 4721 regarding the reclamation of gifts in the event of the termination of an engagement. Accordingly, the party at fault for the breaking of the engagement will not be considered for the return request; what matters is whether the gift is "extraordinary" or not.

The High Court emphasized that in established case law, gold, jewelry, and ornaments other than the engagement ring are considered extraordinary gifts. In this context, the return of ornaments such as bracelets, necklaces, solitaire rings, and wedding bands worn at the engagement may be brought to the agenda.

“In the event that an engagement ends for a reason other than marriage, extraordinary gifts given by the engaged parties to each other, or by parents or those acting as such to the other engaged party, may be reclaimed by the givers.”

In the concrete file, it was accepted that 6 bracelets of 22-karat gold totaling 120 grams, a 22-gram gold coin necklace, a 5-gram solitaire ring, and a 5-gram wedding band were worn at the engagement. The court ruled that the total value of these ornaments, 67,000 TL, should be collected from the other party.

However, the Court of Cassation overturned the decision in this regard, stating that the engagement ring cannot be evaluated within the scope of extraordinary gifts. Thus, while the return of gold and ornaments was deemed possible, it was revealed that a different assessment must be made regarding the return of the engagement ring.

The ruling also stated that the claim that gifts were given and not returned can be proven with all kinds of evidence, and that the parties have the burden of proving the facts they rely on.