Thesis Type: Postgraduate
Institution Of The Thesis: İstanbul Ticaret University, Sosyal Bilimler Enstitüsü, HUKUK ANABİLİM DALI, Turkey
Approval Date: 2014
Thesis Language: Turkish
Student: SİNEM NAZ ALP SHİN
Supervisor: ŞEKER MUZAFFER
Open Archive Collection: AVESIS Open Access Collection
Abstract:In the Family Law Section of the Turkish Civil Code No. 4721, engagement is arranged in 118’th to 123’rd clauses before marriage and has been described as an institution of the Family Law. Thus, it has been accepted not only moral and a de facto relationship but also a legal relationship as a Family Law institution. With the engagement due to the Civil Code No. 4721, legal relationship is occured between parties as mentioned above. Some certain rights and obligations are arisen from this legal relationship. Unless the parties comply with the obligations caused from engagement, they have to be faced with some sanctions. In this study, engagement concept, legal theory of engagement, ability (capacity) and disability of engagement will be explained substantially. Finally, the causes and consequences of the termination of engagement will be discussed in detail in the light of doctrine and judicial decisions.