T.C. COURT OF CASSATION 11th Civil Chamber
Basis No: 2013/7425 Decision No: 2013/12152 Decision Date: 11.06.2013
REQUEST FOR PRECAUTIONARY ATTACHMENT – THE REASONING CONSISTING MERELY OF THE STATEMENT THAT THE CONDITIONS FOR PRECAUTIONARY ATTACHMENT HAVE NOT BEEN MET, WITHOUT PROVIDING ANY EXPLANATORY OPINION, IS INCOMPATIBLE WITH THE CONCEPT OF REASONING UNDER THE CONSTITUTION – THE INACCURACY OF ESTABLISHING A JUDGMENT LACKING A REASONING SUITABLE FOR JUDICIAL REVIEW
SUMMARY: It cannot be said that a reasoning consisting merely of the statement that the conditions for precautionary attachment have not been met—which does not express any explanatory opinion regarding which conditions in the Enforcement and Bankruptcy Law (EBL) the request fails to fulfill—is compatible with the concept of reasoning (gerekçe) mandated under the Constitution. Therefore, the establishment of a judgment by the court lacking a reasoning suitable for judicial review was not found correct, and the reversal of the decision was required.
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