Legal Thinking and Civil Law Examples: The Theoretical System of Basis for Claims

Author: Wang Zejian
Publisher:
Publish Date: 2002-09-01
Features: This book focuses on the "Civil Code" of the Taiwan region as its subject of discussion, and its primary reference value lies in the application of its methodology. Law is a practical discipline aimed at addressing interdisciplinary issues. Case studies are based on legal arguments to define the rights and obligations between parties in specific cases. To discover applicable laws for case facts, one must, on the one hand, explore legal norms based on case facts, and on the other hand, concretize legal norms within case facts. This involves a mutual clarification of thought, which holds significance in legal methodology. My work, Legal Thinking and Civil Law Cases, aims to construct a theoretical system for the foundation of claims, hoping to provide a systematic approach to thinking and argumentation for case-solving, thereby enhancing the rationality and objectivity of legal application. This book focuses on the "Civil Code" of the Taiwan region as its subject of discussion, and its primary reference value should lie in the application of its methodology. Additionally, the case studies in this book target important fundamental issues of the "Civil Code" of the Taiwan region, frequently citing judicial precedents, academic theories, and German legal doctrines. Readers who can reflect on the interpretation and application of relevant laws in mainland China and engage in comparative research to explore various normative models, solutions, and argumentation methods, will find this beneficial for their study of civil law.