Article 12 MÖHUK – Engagement to Marry
Article 12 of Turkey’s Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) decides which law governs an engagement to marry (nişanlılık). Capacity and requirements are judged under each fiancé’s own national law. The effects and consequences, in practice those of a broken engagement, follow the common national law, and Turkish law if there is none. It comes up for couples where one partner lives in Germany or the Netherlands and the engagement took place in Turkey.
Article 12 MÖHUK – text
Unofficial translation:
Engagement
Article 12 – (1) Capacity to become engaged and the requirements of an engagement are governed, for each party, by that party’s national law at the time of the engagement.
(2) The effects and consequences of the engagement are governed by the common national law or, where the parties have different nationalities, by Turkish law.
Turkish original:
Nişanlılık
MADDE 12 – (1) Nişanlanma ehliyeti ve şartları taraflardan her birinin nişanlanma anındaki millî hukukuna tâbidir.
(2) Nişanlılığın hükümlerine ve sonuçlarına müşterek millî hukuk, taraflar ayrı vatandaşlıkta iseler Türk hukuku uygulanır.
The current text on mevzuat.gov.tr carries no amendment note (as of November 2026).
Legislative reasoning
According to the bill’s reasoning, the article partly corresponds to Article 11 of the former Law No. 2675. To match the Civil Code, the heading now says “nişanlılık” (engagement as a relationship) instead of “nişanlanma” (becoming engaged). Paragraph 1 was clarified to refer to national law “at the time of the engagement”; the reasoning says this keeps the rule in line with the article on marriage.
Explanation
The article separates two questions.
The first is whether a person can become engaged: capacity and requirements. Each fiancé is looked at separately, by nationality at the time of the engagement. Under Turkish law an engagement is formed by a promise to marry; it does not bind a minor or a person under interdiction without the consent of their legal representative (Article 118 of the Civil Code, TMK).
The second is effects and consequences. In practice these arise when the engagement is broken off: compensation for material loss (Article 120 TMK), compensation for non-material harm (Article 121 TMK) and the return of gifts beyond the customary (Article 122 TMK). The common national law applies; if the nationalities differ, Turkish law applies directly. Unlike the general effects of marriage, there is no habitual-residence step here (compare MÖHUK Article 13(3)).
Where Turkish law applies, two rules matter. An engagement gives no right to sue for performance of the marriage (Article 119 TMK). Claims arising from the end of the engagement become time-barred one year after it ends (Article 123 TMK).
What this means if you live abroad
Both fiancés are Turkish citizens. Living in Germany or the Netherlands changes nothing: before a Turkish court the common national law is Turkish law. For dual nationals, Turkish citizenship counts (MÖHUK Article 4(1)(b); see Article 4 MÖHUK).
One fiancé is only German or Dutch, for instance after giving up Turkish citizenship with permission (a Blue Card, Mavi Kart, holder). There is then no common national law, and a Turkish court applies Turkish law (para. 2).
Which court? The international jurisdiction of Turkish courts is, as a rule, determined by the domestic rules on territorial jurisdiction (MÖHUK Article 40). If proceedings are brought in Germany or the Netherlands, that court applies its own conflict rules; this note covers only the view of a Turkish court. For the law applied there, please consult a lawyer admitted in that country.
One year. Where Turkish law applies, the one-year limitation period in Article 123 TMK runs regardless of where the parties live. On which law governs limitation in general, see Article 8 MÖHUK.
Frequently asked questions
Can engagement jewellery be reclaimed after a break-up?
Under Turkish law, gifts beyond the customary can be reclaimed if the engagement ends other than by marriage (Article 122 TMK). What counts as beyond the customary depends on the facts.
Which law applies between a Turkish and a German fiancé?
Before a Turkish court, Turkish law, because the nationalities differ (MÖHUK Article 12(2)).
When do claims from a broken engagement become time-barred?
Under Turkish law, one year after the engagement ends (Article 123 TMK).
Sources
Questions about your case
If an engagement with a link to Turkey has ended and you want to know under which law, and before which Turkish court, the return of gifts or compensation can be claimed, you can book a video call, a phone call or a meeting in Düsseldorf on the appointment page, or write through the contact form. Consultations are held in Turkish and cover Turkish law only (§ 206 BRAO). The dates of the engagement and of its end, both parties’ nationalities and a list of the gifts in question are useful; the one-year period in Article 123 TMK is counted from these dates.