Abstract:

Lawsuits for the Payment of Penalties or Penal clauses that are Set for Refraining from Marriage are Inadmissible; Payments Initiated cannot be Reimbursed" an Examination of art. 119/2 of the Turkish civil codeU honor the title "Provisions of Engagement", with subtitle "Absence of Right to Claim", Article 119/2 of the Turkish Civil Code No. 4721 provides that "lawsuits for the payment of penalties or penal clauses that are set for refraining from marriage are inadmissible; payments initiated cannot be refunded." Especially the last part of this provision, regarding the initiated payments reminds the practice of bridewealth. With regard to the reimbursement of such payments, other legal provisions that can be considered are: Article 122 of the Turkish Civil Code regarding the gifts in engagement, Article 27 and 81 of the Turkish Code of Obligations regarding the invalidity and unjust enrichment. This paper aims to examine the meaning and legislation history of Article 119/2 of the Turkish Civil Code by considering different opinions put forward both in literature and in court practice as well as the relationship between different legal grounds with regard to reimbursement of bridewealth payments

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