Legal Nature of Engagement

1) Pre-contract opinion:

-It was defended by saying that if marriage is a contract, engagement is also a preliminary contract that a contract will be made in the future.

-But engagement can’t be seen like that. Because when a preliminary contract is made, it is stated that a contract will be made in the future and if the other party refrains from making a contract, he can be forced to make a contract by legal means, but the other party cannot be forced to marry in engagement.

-There is no form requirement in engagement, but the Turkish Code of Obligations 29 states that “the preliminary contract is subject to the form of the contract to be made in the future” while explaining the pre-contract. Marriage is a formal contract. There are contradictions in this regard.

2) Decision Opinion:

-Decision is the name given to the use of the will of a sufficient number of people in a group of individuals in a certain direction.

-The decision of the general assembly to expel a member from the association. Those who support this view say that the betrothed declare their will to marry together in one direction, not towards each other. But the decision view is not suitable for the nature of the engagement.

3) Contract Opinion:

-When we look at the definition of the contract, the parties of the opposite sex are engaged with the declaration of will, so the contract is established.

-The provisions of the Turkish Code of Obligations regarding contracts are of a general nature, applicable to all types of contracts, but these general provisions cannot be applied since the engagement is specially arranged. Accordingly, engagement is a family law contract.

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