In the decision, it was emphasized that, as a rule, the jewelry worn during the wedding, no matter by whom or to whom, is deemed to have been donated to the woman and is now considered to be her personal property. It was stated that there is no written provision in the legal legislation regarding the ownership of jewelry and all items of monetary value worn during the wedding. For this reason, it was reminded that customary law is applied. According to the established practice of the Court of Cassation, common customs and traditions and the realities of the country, as a rule, the jewelry and money worn during the wedding are considered to be donated to the woman and are now considered as the personal property of the woman, regardless of who and to which spouse they are worn, unless there is an agreement or customary rule to the contrary. In other words, it was underlined that the jewelry and money worn by the man also belong to the woman unless proven otherwise.
The following statements were made in the precedent decision: "Since it is accepted that the jewelry (gold, etc.) in question was given to the woman as a guarantee of her future by both families and relatives due to marriage, the general rule will be accepted unless the woman does not agree that it was given temporarily. From now on, unless it is claimed and proved that the jewelry was given with the intention not to be demanded back, the recipient is obliged to return it.
The General Assembly of Civil Chambers of the Court of Cassation has recently ruled that all jewelry worn at a wedding belongs to the woman, regardless of who wears it and regardless of which party it was given to. All jewelry worn at the wedding belongs to the woman. Although it does not come up too much during the marriage, it comes up especially a lot after the divorce stage.
The parties are trying to decide what they can and cannot claim. Since all the jewelry worn is considered to be the personal property of the woman, the woman can claim all the jewelry. If she gave these jewelry items to the man during the marriage, then the man has to prove that these jewelry items are free of charge and a donation.
Otherwise, if such a thing cannot be proved, the jewelry given to the man is considered to be about to be taken back and the woman can claim them at the divorce stage. Previously, such disputes were frequently brought before the courts of first instance and the Court of Cassation. Recently, the General Assembly of the Court of Cassation ruled that all jewelry worn in April 2021 belongs to the woman. If there is an agreement between the parties to the contrary or if there is a custom and tradition to the contrary in the place where the wedding is held, this will also be looked at.