FAMILY LAW
ENGAGEMENT 2
ENGAGEMENT 2
• There are several conditions for the validity of an engagement:
• 1. legal capacity of the parties
• 2. The promises of the marriage should be compatible with morals
• 3. The declaration of intents should be non-collusive
• 4. Marriage should not be impossible
ENGAGEMENT 2
• The capacity of the parties
• People having full capacity can be engaged.
• People having full incapacity cannot be engaged.
• People having limited capacity can be engaged if and only if their legal
representative approves this engagement. Otherwise, they will not be
bounded by their engagement.
ENGAGEMENT 2
• The impediments of the marriage:
• Kinship
• Mental illness
• Impossibility of marriage
• Violation of the morals and customs
• Already existing engagement
• Parties not having different sex
• Collusive engagements
ENGAGEMENT 2
•
Provisions of engagement
•
1. Obligation to make a marriage
•
The main purpose of the parties is to conclude the marriage.
•
It is the main obligation arising from the engagement but this obligation is not enforceable. So there cannot be a case before a court in which one of the parties asks for marriage.
•
There is no time limit between the engagement and marriage. The
parties will decide about it.
ENGAGEMENT 2
• The obligation of loyalty
• This is a reflection of the obligation of the loyalty during the marriage.
• This obligation arises from the engagement contract.
• It is a natural result of the engagement which will lead the parties to a
marriage. As these relations are about family, the core of the society,
this obligation has an impact role in those relations.
ENGAGEMENT 2
• Engagement can be made with conditions. In this case, this engagement will be depending on the condition’s status. If it is a formator condition, as the condition happens, the engagement will be valid. In other cases, it will end.
• In case the condition is impossible or against the customs or public order, the condition will be invalid.
• In general, in Turkey, the engagements are made in condition of a ceremony.
• Engagement can be made depend on time as well. In this case, the engagement will began as this time comes.
