The legal basis for compensation for breaking off an engagement and the judiciary’s position on it

Saleh, Muthanna Sarheed

doi:10.63677/jqlap.2025.187066

The legal basis for compensation for breaking off an engagement and the judiciary’s position on it

https://doi.org/10.63677/jqlap.2025.187066

Volume 16, Issue: 1 part 2 - Serial Number 1
Spring 2025

Pages 701-714

AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Author

Muthanna Sarheed Saleh

University of Kirkuk / College of Law and Political Science

Abstract

The marriage contract is distinguished from other contracts in that it has a specificity that differs in the way it is concluded. The marriage contract is one of the contracts that requires an introduction, and this introduction is the engagement, which may be long or short depending on the circumstances. One of the parties may change their mind about the engagement, which may cause harm to the other party, whether this harm is material or moral, and thus gives the other party the right to claim compensation due to this harm. This requires the intervention of the judiciary to resolve such matters, which often rely on the more detailed texts of the Civil Code for matters related to compensation.
In this research, I relied on the comparative analytical method, through analyzing the texts of Arab and foreign laws, and then making a comparison of what the legislator adopted in each law in adapting the sermon, taking into consideration the reasons and motives that prompted the legislator to adopt this opinion rather than that.

Keywords

Tort Liability

Engagement

Notary

Compensation