Wang Zeyan's Collected Works of Law·Volume 2, Studies on Civil Law Doctrine and Case Law 2

Author: Wang Zejian
Publisher:
Publish Date: 2003-09-01
Features: Preface The China University of Political Science and Law compiled and edited this work in a complete volume format for convenience of use, reference, and preservation. Sincere gratitude is expressed to all colleagues at the publisher for their assistance and hard work. The first eight volumes of this complete work, "Civil Law Doctrine and Case Studies," were completed between 1975 and 1992, reflecting the author's teaching and research experiences at the Department of Law, National Taiwan University. This period was a key phase in the development of Taiwan's Civil Code. The author applied legal methods to analyze and examine the reasoning behind important judgments, uncovering and interpreting the legal principles embedded in individual cases, thereby constructing a theoretical framework. To a certain extent, these eight volumes reflect how the Civil Code has evolved in response to socioeconomic changes, addressing issues of legal interpretation, filling loopholes, and creating new institutions, documenting the history of civil law theory. "Civil Law Thinking and Case Studies" aims to establish a theoretical framework for the basis of civil law claims, holding practical significance as a legal methodology. The approach to the basis of claims has been widely adopted by the legal academy and practice, aiding systematic and step-by-step learning of civil law, enhancing the rigor, transparency, and objectivity of argumentation, and providing a more rational basis for evaluating the interpretation and application of law. "Civil Law Essentials," published in 2002, primarily serves as a basic textbook for civil law learners, as well as an introductory guide and comprehensive review. This book concisely explains the values and principles of civil law, introduces important civil law institutions, and provides statistical data to help readers gain a more comprehensive understanding of the relationship between civil law and daily life, fostering legal thinking and argumentation skills. The works "General Principles of Civil Law," "General Principles of Obligations," and "Civil Property Rights" discuss the content of civil law, explain controversies in its interpretation and application, and explore its future trends. Among these, the "General Principles of Obligations" is a specialized work, particularly the section on "Unjust Enrichment," which reexamines and comprehensively interprets hundreds of cases through typological theory, combining textbook and casebook functions—a new attempt in writing methodology. The section on "Torts" still awaits supplementation regarding special torts. "Damages" is a core issue in civil law, and the manuscript is currently being actively prepared. The greatest aspiration is to write a work on the evolution of Taiwan's Civil Code in relation to social change, with the hope of completing it soon. Despite differences in content and style, the complete works of civil law share a commitment to integrating theory and practice, employing the approach of the basis of claims, highlighting issues and debates through case studies, using comparative law to explore various normative models as references for interpretation and application. Through years of civil law research, I have come to a deeper understanding that civil law is people-centered, rooted in the principles of freedom and equality, and safeguards human value and dignity. Striving for civil law is, in essence, a struggle for human freedom, equality, value, and dignity. Thirty years of writing have been a long and arduous journey. My heartfelt gratitude goes to my teachers, colleagues, classmates, and readers for their encouragement and support. I am particularly grateful to my family for their love and tolerance, especially to the divine blessings and grace that have enabled me to continue learning and working in peace and joy. June 2, 2003, on the occasion of my 65th birthday, written in Taipei.