Civil Code General Provisions

Author: Zheng Yubo
Publisher:
Publish Date: 2003-08-01
Features: Civil law is the fundamental law of private law, and the General Principles of Civil Law are the fundamental part of civil law. All the basic principles of private law, such as the subject of private rights—persons, the object of private rights—things, and the change of private rights—acts, are all here. Therefore, law students must start with the General Principles of Civil Law, and those who apply the law must also prioritize it. This book primarily focuses on the General Principles of Civil Law of our civil law. In addition to elaborating on the above basic issues, it emphasizes the following two aspects:
1. Comparative Law: The legislative examples of foreign countries are like stones from other mountains. If they can be referenced and compared, then for the study of domestic law, it may be possible to make judgments on their advantages, disadvantages, and appropriateness. The current Civil Law of our country is largely derived from the civil law systems of various countries in mainland Europe. To trace its roots, the study of foreign law (the mother law) is particularly necessary. Therefore, this book specially translates and annotates the relevant provisions of the Civil Law of five countries—France, Germany, Switzerland, Japan, and Thailand—after the relevant provisions of our Civil Law cited in the text, for comparison.
2. Exploration of Special Issues: In the General Principles of Civil Law, there are many special issues, such as the tort liability of legal persons, public order and good morals, and the abuse of rights, among others. Some are controversial among scholars, while others are difficult to interpret concretely. All of these should be thoroughly explored. This book specially prepares several special essays on these topics and attaches them at the end of each relevant chapter for reference.
With limited knowledge, the author has spent four years on the completion of this book, revised the manuscript three times, and has used it as a teaching material for the Taiwan Provincial Legislative College and National Cheng Kung University several times. However, due to the broad scope involved, omissions are still inevitable. To the learned scholars at home and abroad, your guidance is greatly appreciated!