Promises of marriage they don’t always end the way we want them to. There are times when one of the bride and groom and future spouses decides not to celebrate the wedding and not specify said link, so the other party does not know what to do.
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Beyond the emotional sadness that this may cause, the injured person Yes, you can sue whoever gave up celebrating the marriage. The promise of marriage It is known in the legal world as the “betrothal”.
The Article 240 of the Civil Code regulates the breaking of betrothal (the promise of marriage). Thanks to this normative point, the promisor who ends up desisting from the marriage (therefore, who is solely responsible for the non-celebration of the bond) will have to indemnify the other party.
It must always be proven that the breaking of the promise originated “damages”. Likewise, the compensation reaches third parties that have also been affected by the decline.
It is worth mentioning that the plaintiff must prove that the promise is real and not just because of any conclusion that he may have drawn. Whoever alleges something must prove it, be it with images, witnesses, documents and more evidence.
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Deadlines and other actions
The right to request compensation for breaking the betrothal is not eternal. The law determines that this period will not exceed the year since the marriage promise was broken.
Within that same year, if in case the promised goods or money were donated, they may revoke said donation. In case the donation cannot be revoked, there will be the possibility of returning the value of said asset.
This happens when the recipient of the donation sells said object and – therefore – can no longer recover it or return it to its first owner. Article 1635 of the Civil Code provides the actions to be taken in this regard.
