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Justification is a matter of procedural law. Although Turkish law
relates the existence of justification with public order, foreign states
may have adopted different rules of procedure. The foreign court judg-
ments are subject to their own procedural laws. Declaring foreign judg-
ments as explicitly in violation of Turkish public order based on the
mere lack of justification constitutes a violation of the prohibition of
révision au fond
regulated under the IPPL. Whether the foreign verdict
explicitly violates the Turkish public order or not shall be taken into
regard when compliance with public order is assessed for the sake of
enforcing such decision.
The Civil Chambers of the Court of Cassation has therefore, with
the majority of the votes, declared that foreign judgments may not be
deprived of enforcement or be declared explicitly in violation of
Turkish public order merely for the lack of justification.
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NEWSLETTER 2012