It is a common opinion that chance events cannot be understood in causal terms. Conversely, according to a causal view of chance, intersections between independent causal chains originate accidental events, called “coincidences”. Firstly, this book explores this causal conception of chance and tries to shed new light on it. Such a view has been defended by authors like Antoine Augustine Cournot and Jacques Monod. Second, a relevant alternative is provided by those accounts that, instead of acknowledging an intersection among causal (...) lines, claim to track coincidences back to some common cause. Third, starting from Herbert Hart and Anthony Honoré’s view of coincidences (Causation in the Law. Clarendon Press, Oxford, 1959). This book provides a more detailed account of coincidences, according to which coincidental events are hybrids constituted by ontic (physical) components, which is the intersection between independent causal chains, plus epistemic aspects, including but not limited to, access to information, expectations, relevance, significance, desires, which in turn are psychological aspects. -/- The main target of the present work is to show that the epistemic aspects of coincidences are, together with the independence between the intersecting causal chains, a constitutive part of coincidental phenomena. This book aims to introduce and discuss recent work in psychology concerning one’s judgment about coincidences; this data offers further materials and reasons to reflect upon our understanding of coincidences and to refine our hybrid conception. (shrink)

Objectives To investigate empirically the motivations for not consenting to DNA biobanking in a Swedish population-based study and to discuss the implications. Design Structured questionnaires and semistructured interviews. Setting A longitudinal epidemiological project (PART) ongoing since 1998 in Stockholm, Sweden. The DNA-collection wave took place during 2006–7. Participants 903 individuals completed the questionnaire (participation rate 36%) and 23 were interviewed. All individuals had participated in both non-genetic waves of the project, but refused to contribute saliva samples during the DNA-collection wave. (...) Main outcome measures Motivations behind refusing to consent to DNA biobanking, with subsequent focus on participants' explanations regarding this unwillingness. Results Public refusal to consent to DNA biobanking, as revealed by the questionnaire, was mainly explained by a lack of personal relevance of DNA contribution and feelings of discomfort related to the DNA being used for purposes other than the respective study. Interviews of individuals representing the second motivation, revealed a significant mistrust of DNA biobank studies. The underlying beliefs and attitudes were associated with concerns about integrity, privacy, suspiciousness and insecurity. However, most interviewees were supportive of genetic research per se and interpreted their mistrust in the light of distressing environmental influences. Conclusion The results suggest a need for guidelines on benefit sharing, as well as trustworthy and stable measures to maintain privacy, as a means for increasing personal relevance and trust among potential participants in genetic research. Measures taken from biobanks seem insufficient in maintaining and increasing trust, suggesting that broader societal measures should be taken. (shrink)

Sohbet (conversation) is a weekly, informal, religious-learning gathering that has been conducted by members of the Islamic Hizmet/Gülen Movement since its inception. The movement was established in Turkey in 1966 by Fethullah Gülen and his followers. It has evolved into a transnational social movement through educational, dialogical, and humanitarian aid/entrepreneurial activities. The movement was held responsible by the Turkish government for the so-called coup attempt in 2016. Tens of thousands of members fled, and the movement’s centre of gravity shifted from (...) Turkey to the diaspora. This ethnographic research project addresses the transformations within the movement during the diaspora phase. Focusing on a female sohbet group in Helsinki, I investigate the participants’ understandings of sohbet and how the sohbet has evolved since 2016. Thematic analysis reveals three predominant themes for understanding: socialization, belonging to a community, and a quest for piety. This article illustrates that sohbet is a space for religious learning, social interactions, and affirming a shared identity that shapes the hizmet habitus. Furthermore, sohbet revitalized the hizmet habitus following the forced migration. This study contributes to the existing literature on the sohbet by investigating it post-migration. Simultaneously, it contributes to studies on religious movements and how migration affects them. (shrink)

It is a common opinion that chance events cannot be understood in causal terms. Conversely, according to a causal view of chance, intersections between independent causal chains originate accidental events, called “coincidences.” The present paper takes into proper consideration this causal conception of chance and tries to shed new light on it. More precisely, starting from Hart and Honoré’s view of coincidental events, this paper furnishes a more detailed account on the nature of coincidences, according to which coincidental events are (...) hybrids constituted by ontic components, that is the intersections between independent causal chains, plus epistemic aspects; where by “epistemic” we mean what is related, in some sense, to knowledge: for example, access to information, but also expectations, relevance, significance, that is psychological aspects. In particular, this paper investigates the role of the epistemic aspects in our understanding of what coincidences are. In fact, although the independence between the causal lines involved plays a crucial role in understanding coincidental events, that condition results to be insufficient to give a satisfactory definition of coincidences. The main target of the present work is to show that the epistemic aspects of coincidences are, together with the independence between the intersecting causal chains, a constitutive part of coincidental phenomena. Many examples are offered throughout this paper to enforce this idea. This conception, despite—for example—Antoine Augustine Cournot and Jacques Monod’s view, entails that a pure objectivist view about coincidences is not tenable. (shrink)

According to Antoine Augustine Cournot, chance events are the result of the intersection between independent causal chains. This coincidental notion of chance is not a new one, but—as Cournot remarks—it comes from Saint Thomas Aquinas, Boethius, and more probably from Jean de La Placette. Such a conception of chance phenomena seems to be very important, not only because it is closely related to the Principle of Causality, but also since it grounds Cournot’s theory of objective probability. Starting from Martin’s work, (...) the main attempt of this survey is to endorse the idea that Cournot’s coincidental notion of hasard is objective, that is it is ontic and it does not depend—in some sense—on our degree of knowledge. In order to do that, a central role in the discussion will be given to the meaning of the independence between the intersecting causal chains and to Cournot’s conception of causation. (shrink)

This article is about how human freedom is understood in the philosophy of Nicolas Malebranche. According to Malebranche, the most important proponent of occasionalism in the modern period, God is the sole and real cause of the universe and all its functioning. In addition, according to him, people are free and responsible for their own actions. In this case, what it means for man to be free in this vision where God is the only reason for everything needs to be (...) explained. While Malebranche's basic views on occasionalism and human freedom are included in many of his works, these views are especially found in his famous six-volume book titled The Search after Truth and in the book of explanations he wrote for this book, Elucidations of the Search after Truth. In the article, the subject is discussed through Malebranche's basic texts. Firstly, the relationship between the human soul and God has been tried to be explained in order to explain Malebranche's understanding of freedom. At this point Malebranche; unlike the Aristotelian thinkers of the Middle Ages, seems to follow an Augustinian line. In this line, the human soul is towards God and in need of His light. Secondly, what freedom means according to him is examined. In Malebranche, it is seen that freedom is the power of man, who is naturally inclined towards the general good, that is, God, to stop his tendency towards this general good in worldly special goods, or to not consent to this and to move towards the better with attention and research. This view emerges on the basis of Malebranche's view of vision in God and the distinction between soul and body. In other words, since human beings are incomplete and limited in their knowledge, they may sometimes not go towards what they really need to reach and may accept any worldly good as true good for themselves. Or since this good is not the general good and will never satisfy him, he may not consent to it and seek out the general good. Freedom is precisely the power either to stop at the particular good or to pay attention and search beyond it. Then, how this power was reconciled with Malebranche's occasionalism was discussed and three prominent issues were examined. Firstly, Malebranche claimed that man has no causal contribution to the tendency towards general or particular goods, and that this occurs only with the influence of God. Secondly, although it seems that a power is attributed to humans in freedom, it can be said that this power is not a positive action that brings about any change. Third, there is the claim that since God is the only true cause, attention and investigation are not a cause of human knowledge but only an occasional, intermediary cause. With these claims, it has been seen that Malebranche associates freedom with sin because he treats it as a stop, that man cannot make any changes, and therefore he evaluates freedom as only the power to want, not the power to act. As a result, it can be said that it is debatable whether a power that does not cause any action or change, but only the desire to consent or not, can be called freedom. In this regard, Malebranche has moved freedom to a negative or incomplete place. Although this study specifically discusses the nature of freedom and its relationship with God through Malebranche's philosophy, it is aimed to contribute to studies on the nature of freedom. It has been seen that further studies on freedom of action and desire can be carried out, especially in the fields of religion and moral philosophy. (shrink)

Background Pediatric critical care physician attitudes about withdrawal of ventricular assist devices and extracorporeal membrane oxygenation in cases of medical futility are poorly defined. Our aim was to define current attitudes regarding the withdrawal of these devices. Methods IRB-approved, cross-sectional observational survey conducted among pediatric critical care attending physicians and fellow physicians in the United States between 2016 and 2017. Data was collected anonymously and statistically analyzed. Results A total of 158 physicians responded with 67% being attending physicians. Compared to (...) a VAD, a higher percentage had taken care of a patient on ECMO where the device was turned off because care was believed to be futile, including currently. Nearly all reported that it can be ethically permissible to withdraw support from a patient with a VAD and on ECMO, but varied opinions existed as to who should ultimately make this decision if the patient/their family disagrees. More respondents agreed that a patient/their family should agree to withdrawal of VAD or ECMO support prior to initiation if futility is later determined and that protocols should be created for VAD and ECMO withdrawal. Conclusion Most pediatric critical care physicians felt that it can be ethically permissible to withdraw VAD and ECMO support. Our study indicates that pediatric VAD and ECMO withdrawal protocols are desired, but further investigation is needed to determine how to best design protocols that would incorporate multiple stakeholders. (shrink)

Two dominant interpretations of Kant's notion of adherent beauty, the conjunctive view and the incorporation view, provide an account of how to form informed aesthetic assessments concerning artworks. According to both accounts, judgments of perfection play a crucial role in making informed, although impure, judgments of taste. These accounts only examine aesthetic responses to objects that meet or fail to meet the expectations we have regarding what they ought to be. I demonstrate that Kant's works of genius do not fall (...) within either of these categories. The distinguishing features of these works, namely, originality and exemplarity, become unrecognizable on these interpretations because originality and exemplarity lie in the work's ability to exceed one's expectations concerning its form and content. They contribute to artistic beauty through alternative transformation methods distinct from that of abstraction, namely, concept expansion and repudiation. These additional accounts of transformation lead to a rather surprising outcome: works of genius turn out to be paradigm cases where one can and indeed ought to form informed pure judgments of taste. (shrink)

This paper applies the account developed by Susanna Siegel in The Rationality of Perception to aesthetic cases and explores the implications of such an account for aesthetic engagement as well as curatorial and exhibitionary practices. It argues that one’s prior outlook – expertise, beliefs, desires, fears, preferences, attitudes – can have both aesthetically good and bad influences on perceptual experiences, just as it can have both epistemically good and bad influences. Analysing these bad influences in cases of ‘hijacked’ aesthetic perception (...) will reveal that, unless we recognize that our perception of high-level and low-level aesthetically relevant properties is norm-governed, we will be at a loss to explain what goes wrong in these cases. Just as perception can be rational or irrational, so too can it be apt or inapt. (shrink)

Noël Carroll proposes a generalist theory of art criticism, which essentially involves evaluations of artworks on the basis of their success value, at the cost of rendering evaluations of reception value irrelevant to criticism. In this article, I argue for a hybrid account of art criticism, which incorporates Carroll's objective model but puts Carroll-type evaluations in the service of evaluations of reception value. I argue that this hybrid model is supported by Kant's theory of taste. Hence, I not only present (...) an alternative theory of metacriticism, which has the merit of reinstating the centrality of reception value in art critics’ evaluations, but also show that, contrary to a common conception, Kant's aesthetic theory can house a fruitful account of art criticism. The benefit of this hybrid account is that, despite being essentially particularist, it should be appealing even to generalists, including Carroll. (shrink)

The issue of humoral temperament (mizāj) is mainly a subject of the field of medicine, but it has also been a subject of psychology, philosophy and moral philosophy during time. As the issue is ontologically related to the human nature, it has been dealt from many different perspectives. Within these disciplines, it has been expanded and developed during the historical process. It holds a wide range of literature as it is a rooted and ancient subject analysed within different disciplines. Stretching (...) out to the time of ancient Egypt, this theory was developed in the field of medicine by Hippocrates and by Galen in biology and it was a subject of some of the works of many Muslim scholars, first and foremost Jāḥiẓ, The issue of mizāj, first of all was explained by the theory of four composition (blood, mucus, yellow bile and black bile) Whether the amount of these liquids change within the body has always been an issue of debate according to the conditions of time and the place. Jāḥiẓ, impressed by the views of Galen, has no distinct piece of work on the issue of mizāj. However, he had put forward his views on the changes of the mizāj in some of his works but as he had unarranged writing style, he did not deal with these issues systematically. In this article, we have aimed at systematizing his views, determined in some of his own works and the studies on them, in two stages. What we mean by the change in mizāj is the point of disappearing of the ill temper and bringing good nature instead. Jāḥiẓ, considers the person as the subject of the effort to change the mizāj and evaluates this in two stages. For him, first of all, the person sinks herself into a mental effort. In this process, the person passes through the processes of remembrance, undertaking a task and suggestion. On this point, for abandoning the evilness and adopting the goodness in character, he underlines the importance of reason. Then, are these processes to change the mizāj for Jāḥiẓ are enough? Jāḥiẓ, invites the person to a second effort, accepting the person could feel hardship on the process, based on the analyses of observation and experiment. For this reason, getting a support from outside is proper for him. According to Jāḥiẓ, religion, education, being within the society and political authority are the factors affecting the change in the mizāj. Jāḥiẓ, brings forward views in an approach of taking away almost a general taboo within the society like “once a something always a something”. In an understandable and open wording, he conveys us the stance that the mizāj can change and its applicable within the daily life. In this study, the views of Jāḥiẓ, on the mizāj was evaluated in two stages, the temperament of the person was evaluated on the ground of the change of morality and was considered according to the contributions to the field of Kalam. (shrink)

This paper explores organizational spirituality, uncovers it as spiralling dynamics of both positive and negative potentialities, and proposes how leaders can shape these dynamics to improve the human conditions at the workplace. Based on case study of five Turkish organizations and drawing on the emerging discourse on spirituality in organizations literature, this study provides a deeper understanding of how dynamic patterns of spirituality operate in organizations. Insights from participant observation, organizational data, and semi-structured interviews yield three key themes of organizational (...) spirituality: reflexivity, connectivity, and responsibility. Each of these themes has been found to be connected to upward spirals (inspiration, engagement, and calling) and downward spirals (incivility, silence, and fatigue). The study provides a detailed and holistic account of the individual and organizational processes through which spirituality is enacted both positively and negatively, exploring its dynamic and dualistic nature, as embodied in the fabric of everyday life and culture. (shrink)

Ülfet Görgülü, Fıkıhta Cenin Hukuku, M.Ü. İlahiyat fakültesi Vakfı Yayınları, 2018, 180 s.

The topic of imaginative resistance attracted considerable philosophical attention in recent years. Yet, with a few exceptions, no historical investigation of the phenomenon has been carried out. This paper amends this gap in the literature by constructing a Humean and a Kantian explanation. The main contributions of this historical analysis to this debate are to make room for emotions in explanations of resistance reactions and to upset the polarization between rival accounts by suggesting that our possible responses to morally flawed (...) works can vary. In some cases, we resist imagining counter‐evaluative claims due to our unwillingness to do so, and in others, due to our inability. (shrink)

Tunneling oscillations induced in a double quantum well by a monochromatic electromagnetic wave incident perpendicularly to the plane of the well, and polarized along the direction of its growth, are treated. For the wave frequency in proximity to the energy difference between two states of opposite symmetry, a periodic energy exchange between the wave and a carrier which moves from one energy state to the other is established. When the carrier starts from the low energy level it borrows energy from (...) the wave until it reaches the higher energy state. On its way the carrier performs current oscillations that cease whenever it reaches an eigenstate. Similarly, oscillation is required during the carrier's motion from the high to the low energy state for the photon emission in order that the radiation gets back the energy already given to the carrier. Thus an accelerating charge not only radiates, but also absorbs wave energy. When there prevails a considerable population difference between the two levels the possibility of quantum beat exits. (shrink)

In this paper, in answering the question why Kant didn’t think very highly of music, I argue that for Kant (i) music unlike other art forms, lends itself more easily to combination judgments involving judgments of sense, which increases the propensity to make aesthetic mistakes and is ill-suited as an activity for improving one’s taste; (ii) music expresses aesthetic ideas and presents rational ideas only by taking advantage of existing associations while other art forms do so by breaking with the (...) laws of association and creating new associations. I propose that (ii) constitutes the reason why music is not a rich source for reflection and thereby cannot stimulate the enlargement of the cognitive faculties. Given that the standard Kant uses in setting up the hierarchy of fine arts in terms of their cultivating role is the enlargement of cognitive faculties, this explains why music is placed at the bottom of his hierarchy. (shrink)

The Fatwā-house, which was within the body of Meshihat in the Ottoman Empire, gave answers to the questions posed to it by focusing on the Hanafi sect and the preferred fatwās of this sect for centuries. These questions and answers were also duly recorded. In this study, based on The Record for the Legal Responses of the Supreme Fatwā Office, which is registered at records numbered 378 in the Meshihat Archive of the Istanbul Mufti, one of the records containing the (...) answers given by the institution. It is an attempt to create an imagination about the scope and sphere of influence of the fatwā activity in the last period of the Ottoman Empire. Accordingly, in the last thirteen years of the state, Fatwā-house has been the addressee of questions from individuals, state and private institution directors, societies, ministries and the Grand Vizier. While some of these questions came from the provinces within the Ottoman borders or from the countries that had an administrative ties with the Ottoman Empire, some of them were submitted to the Fatwā-house by the Muslims of other states from the lost lands or simply because the caliphate center was the official fatwā organ. At the records, there is also a record of the questions coming from muslims who are Ottoman citizens but residing in other countries. Looking at the subjects, it was determined that most of the questions were asked about foundations. In addition, the permissibility of obtaining interest by bank facility or depositing money in the bank, the establishment of modern schools and whether the ways to create resources for these schools are permissible, whether teaching in Latin letters is possible, the provision of life insurance, the importance of cleanliness in the fight against cholera, the fight against innovations (bidʻas) in mosques. It is seen that questions on different issues, from issues such as whether the wife of the lost (mafqud) can be separated by the judge or not; to the issues of whether the fulfillment of judgment can be regarded as the end of the judgment or not. As it is mentioned in some fatwā records at the record book, it is obligatory to decide on fatwā and its fulfillment in the Ottoman Empire with the most authentic and preferred view of the Hanafi sect. The last two fatwā questions mentioned above are handled as examples of giving up the act with the will of the head of state, with the preferred fatwâs discussed in this article. It is only possible with the will of the head of state to make a decision with an opinion other than preferred fatwâ or an other opinion out of the sect. According to the first example, some of those of the citizens of other states outside the Ottoman Empire came to the Ottoman lands for reasons like trade etc. and married to Muslim women there and then left them suffering. This was also true for the wives of men who went to wars and did not return. Although the drawbacks of the Hanafi sect's preferred view, that one should wait until the age of ninety, one hundred, one hundred and twenty, or until the death of their peers, were resolved by appointing a regent from other sects, continuity could not be ensured in this practice either, finding people has not always been possible. For this reason, in the time of Shaykh al-Islam Hayri Efendi, a statement of change was prepared and submitted to the will of the sultan. In the issue of whether the signature of the head of state can be counted as the end of the judgment, another subject in which the will of the head of state is applied, the stages of abandoning the preferred view can be followed much more clearly. In the case of the dismissal of the judge or the expiration of the term of office before the execution of the judgment, especially in the distant provinces of the state, in the case of the judge's dismissal or the expiration of his term, according to the preferred view of the sect, which was based on juristic discretion, the closure of the cases took many years. It is seen that the judgment reached by analogy was submitted to the will of the sultan, with an article added to the script regarding the prepared procedure of reasoning, although there is no preferred view since it is the most suitable opinion for the interests of the people and the necessities of the century due to the increase in complaints. Effective from the time it was approved by the head of state, the execution of the sentence is no longer a requirement for the trial to be completed. The changes in the provisions of these matters also show that, although it was important for the Ottoman State to comply with the preferred view of the Hanafi sect - as in the previous Shaykh al-Islams' fatwās in the form of ma'ruzat - it was considered more necessary to look after the interests of the Muslims and different opinions were enacted and put into practice. (shrink)

Providing effective care to patients and making the right decisions in difficult working environments depend on moral sensitivity. Emotional intelligence and ethical sensitivity affect nursing care. This study aimed to investigate the relationship between nursing students’ emotional intelligence and ethical sensitivity levels. The research employed a descriptive-correlational design, 201 nursing students studying at a university in the Central Anatolia region, Turkey, participated in the study. Students’ ethical sensitivity was found to be significant. The nursing students received the highest score in (...) the “Interpersonal Orientation” sub-dimension of the Moral Sensitivity Scale, while their lowest score was observed in the “Experiencing ethical dilemma” sub-dimension. The SSREIT and MMSQSN total scores of the students who willingly chose the nursing department and loved their field were found to be higher. It was found that the ethical sensitivity of nursing students was at a significant level and gender, family type, having sibling and perception of economic status affected the level of ethical sensitivity. (shrink)

The theme of childhood and education in Lyotard’s philosophy provides an interesting field of reflection combining education studies and continental philosophy. Childhood in Lyotard’s thought is mostly understood as infantia, a concept that appears towards the end of his work. The claim of this article is that childhood in Lyotard’s philosophy cannot be reduced to the late concept of infantia; looking at the recurring nature of this theme in his writings that is present from the beginning, as well as various (...) figures under which it appears, pushes Lyotard’s readers to reconsider his work from a pluralist and interdisciplinary perspective. (shrink)

We add a stage to Nash’s demand game by allowing the greedier player to revise his demand if the demands are not jointly feasible. If he decides to stick to his initial demand, then the game ends and no one receives anything. If he decides to revise it down to 1-x\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$1-x$$\end{document}, where x is his initial demand, the revised demand is implemented with certainty. The implementation probability changes linearly between these two (...) extreme cases. We derive a condition on the feasible set under which the two-stage game has a unique subgame perfect equilibrium. In this equilibrium, there is first-stage agreement on the egalitarian demands. We also study two n-player versions of the game. In either version, if the underlying bargaining problem is “divide-the-dollar,” then equal division is sustainable in a subgame perfect equilibrium if and only if the number of players is at most four. (shrink)

Kuzey Afrika’da kurulan bilâhare Endülüs bölgesini topraklarına dahil eden Murâbıtlar Devleti 448-543 yılları arasında hüküm sürmüştür. Murâbıtlar Devleti’nin temeli Kuzey Afrika’daki kabileler arasında irşad ve tebliğ faaliyetinde bulunan ve bu maksatla bir ribat kuran Mâlikî fakihi Abdullah b. Yâsîn tarafından atılmıştır. Mâlikî mezhebine mensup olan ve bu mezhebin esas alınması hususunda büyük hassasiyet gösteren Murâbıtlar Devleti emîrleri devletin kuruluş gayesine sadık kalmışlar, karar alırken fakihlere danışmışlar, onların fetvâları ve tavsiyeleri doğrultusunda devleti yönetmişlerdir. Bu durum fakihlerin tesir sahasının oldukça geniş olmasına (...) sebebiyet vermiştir. Murâbıtlar Devleti, fakihlerin bu devlette büyük bir otoriteye sahip olmaları ve bilhassa onların fetvâları ile vuku bulan hadiseler sebebiyle yıkılışından itibaren çeşitli değerlendirmelere konu olmuştur. Bu devlete son vererek bu devletin topraklarında hüküm süren Muvahhidler, müsteşrikler ve bir kısım araştırmacılar Murâbıtlar Devleti’ne tamamen olumsuz bir bakış açısıyla yaklaşmış, çeşitli ithamlarda bulunmuşlardır. Diğer taraftan bilhassa son dönemlerde bu suçlamalara cevap niteliği taşıyan çalışmalar da yapılmış, eserler ortaya konulmuştur. Bu çalışmada öncelikle Murâbıtlar Devleti’nde en önemli makam olarak kabul edilen kādılık makamını ihraz eden fakihlerin yetki ve sorumlulukları hakkında bilgi verilmiştir. Sonrasında devletin zirve döneminde hüküm sahibi olmuş Yûsuf b. Taşfîn ve Ali b. Yûsuf b. Taşfîn’in fakihlerle ilişkileri ile fakihlerin bu emîrlerin döneminde cereyan eden önemli hadise ve kararlardaki rolü ele alınmıştır. Çalışmanın son kısmında ise Murâbıtlar Devleti’nde fakihlerin konumu ve etkisi ile alakalı olarak yapılan değerlendirmelere yer verilmiştir. (shrink)

The article aims to analyze the legal norms that regulate the protection of the property right in the legal system of the Republic of Macedonia. In most cases, the protection of property right is realized through suits; however, our legal system provides for the possibility that the protection of property right can also be realized through the registration of immovable property rights in the respective Public Registries. Given the fact that in the Republic of North Macedonia the normative regulation of (...) property suits is not contained in a single normative act, but rather extends to several such acts, the article, based on the practice of the high courts, seeks to analyze the legal cases related to property rights that qualify as rights similar to property rights, but which enjoy legal protection provided by law. The article will mainly elaborate on the basic provisions on property protection suits contained in the Law on Ownership and other Real Rights (2001). However, in this context, the provisions on property protection that are contained in the Law on Real Estate Cadastre (2008), the Law on Contentious Procedure (2005), the Law on Securing of Claims (2007), the Law on Construction Land (2008), etc., will also be taken into consideration. (shrink)

The aim of this paper is to analyze the protection offered to parties, participants and third parties during enforcement, as one of the most important requirements of the enforcement procedure. Having in mind that bailiffs except for implementing enforcement, they are also competent to determine the means by which creditors’ claims will be fulfilled. The realization of the creditors’ claims does not mean use of any kind of measure or enforcement procedural activity. In this context the authors review ways in (...) which debtors and their family members can be protected during enforcement actions, such as measures of exclusion and restriction of enforcement on the debtor’s items and income. Furthermore, the authors elaborate other legal and important ways for protection of parties, participants and third parties, such as opposition to illegality and complaints provided by the Law on Enforcement. In this regard, results of this research have shown that the RNM is making efforts to create a more effective enforcement system, which includes guarantees not only for the protection of the creditor and the debtor as a party, but also for the participants and third parties. From the enforcement experiences of citizens were reported dissatisfaction and complaints of citizens regarding the performance of bailiffs, namely taking the necessary means of subsistence form them. To avoid this situation Amendments on the Law on Enforcement in 2020 were brought, so the legal framework was clarified in terms of measures for exclusion and restriction of enforcement. This resulted in the prevention of economic damage of debtors and their family, because now no action can be taken if the debtor has an average salary or pension. Extraordinary legal remedies in enforcement proceeding are excluded, but there are other safeguards that are related to enforcement process but are not regulated by the Law on Enforcement. (shrink)

The aim of this study is to explore the role and the importance of the notary service in the process of dejudicialization of the judicial-civil protection. In this context, this paper first of all attempts to examine the extent to which the issues from the traditional competence of the court have been transferred to notary publics and the possibilities of further extension of this transfer. The judicial framework for the transfer of these issues from the court competences to that of (...) notary publics has been decided by the Law on Non-Litigious Procedure. In supporting this law, the notary publics undertook the realization of a series of activities in this field, namely in the field of inheritance. In this respect, the idea of this paper was to try to identify other judicial issues that could perhaps be entrusted to the notary publics in the future, by carrying out a judicial-political assessment of the public interest to transfer the resolution of certain issues to notary publics′ competences with the aim of facilitating the judicial circulation and increasing judicial security. (shrink)