Betrothal constitutes the stage preceding the establishment of marriage. Any form of condition is not necessary. It is sufficient for the betrothal relationship to be established if the parties promise to marry each other by any means, word or deed. The will to get engaged can be explicit as well as implicit. The disclosure of the will to get engaged is strictly up to the individual and must necessarily be disclosed by the people who are going to get engaged. Therefore, the engagement cannot be made through a representative. It can only be done through a messenger. It is also possible that it can be done depending on a condition. “Finish the military service, come on.” a condition in the form of applies.
Engagement, which can be described as a unique family law contract, is TMK m.according to 118, “… it happens with the promise of marriage”. Therefore, it is possible to define engagement as a woman and a man mutually promising that they will marry each other in the future. The first of the constituent elements of an engagement is that the people to be engaged are of separate sexes, and the second is that a man and a woman mutually promise to marry.
In order for the betrothal to be established, the betrothed must make mutual and appropriate declarations of will (explanations of will) to each other. The wills of the engaged parties should not be consensual, there should be no mistake (mistake), deception (deception), threat (intimidation). In addition to these constituent elements, the existence of certain conditions is sought in order for the engagement to be valid.
There are no regulations in our Civil Code regarding what are the barriers to engagement. However, lack of the power of discrimination and the presence of one of the definite obstacles to marriage invalidate the contract of engagement. Full unlicensed people cannot get engaged. It is a right that is firmly attached to a person. Minors who lack the power of discrimination can exercise their strictly personal rights. However, they cannot be held responsible for the financial consequences unless the legal representative gives permission.
In the same way, if the engagement contract is contrary to morality and decency, it is considered superstitious. Engagement imposes loyalty, assistance and marriage obligations on the parties. On the other hand, the right to refrain from testifying, the right to conclude a property regime contract, the right to request “compensation for deprivation of support” from the person who killed the fiancée in case of murder, the right to file a moral compensation claim against the person responsible for the death in the event of the death of the fiancée as a result of a wrongful act. An engagement can end spontaneously, as well as marriage, death, impossibility, realization of a disruptive condition, termination by mutual agreement, unilateral return from engagement (breaking the engagement), cases of impaired willpower and cases of re-engagement of one of the fiancees are the reasons for termination.