Wedding gifts in Turkish law

Abstract

In Turkish weddings, the gifts usually consist of golden items that are liquid assets and can have a substantial value. Until recently, it was the constant case law of the Turkish Court of Cassation that they were owned by the woman regardless of who gave it to whom. This case law, which could be unexpected for non-Turkish readers, was founded on the social assumption that wedding gifts constituted security for the future of women. Indeed, until 2002, the law did not provide economically dependent spouses who devoted their labour to the household sufficient legal means to obtain financial security in case of divorce. This changed in 2002. This could explain why the constant case law has recently been changed and it is now accepted that wedding gifts are in the ownership of the spouse that they were given to or in the co-ownership of both spouses if the addressee of the gift cannot be determined. This development shows how the legal framework can affect social assumptions and the development of case law. The consideration of other legal changes since 2002 reveals, furthermore, how the case law on other issues related to wedding gifts could - or should - develop.