FAMILY LAW
ENGAGEMENT 1
ENGAGEMENT 1
• The engagement is stipulated under the articles between 118 and 123 in TCC.
• It is a legal action completed before the marriage.
• This legal action is considered worthy to be stipulated under Civil Code.
• It can be seen in different forms in different societies.
• It is a legal action where a woman and a man mutually promise each other to marry.
ENGAGEMENT 1
• For a propose of marriage be considered as engagement, it has to have the consent of marriage from both parties.
• Otherwise, it cannot be considered as a valid engagement.
• TCC 118/1 states that: «An engagament shall be established by the promise of marriage.»
• Engagement can be considered as contract.
• But engagement is not a classical contract. It has a family law aspect.
ENGAGEMENT 1
• Engagement can be considered as a contract which do not include the enforceeability like other contracts do.
• TCC article 119/1: «An engagement does not give rise to any enforceable cliam to conclude the marriage.»
• As the engagement process continues, the couple will be able to know each other better.
• Also, they will have the time to start preparations for the marriage.
ENGAGEMENT 1
• There are some discussions about the legal character of the engagement.
• The ideas defended are that:
• It is a contract.
• It is a pre-contract.
• It is a contract having family law character.
ENGAGEMENT 1
• The constituent element of the engagement are
• 1. The mutual promises of marriage
• 2. The two parties having different sex
ENGAGEMENT 1
• The mutual promise should exist to form an engagement.
• The promise don’t have to be explicit.
• It can be made by an implicit manner like a behavior showing perfectly the wish to be married with other party.
• Living together will not be considered as an engagement, as mentioned before, there should be an explict or implicit promise of marriage.
ENGAGEMENT 1
• Before marriage, there cannot be a period without engagement. When parties declare their wishes abouot marriage, the engagement will be completed. Even if they do that while they are applying for the
marriage, there will be a very short time period where parties will be in engagement.
• Parties should be man and women. Same sex engagement cannot be considered as a valid engagement. Also, when one engaged party changes his/her gender, the engagement will be invalid automaticly.
