Wang Zejian's Collected Works of Law·Volume 11, General Principles of Civil Law

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 ease 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, "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 critical phase in the development of Taiwan's Civil Code. The author applied legal methodologies to analyze and examine the reasoning behind important judgments, uncover and interpret the legal principles embedded in specific cases, and construct a theoretical framework. To some extent, these eight volumes reflect the challenges faced by the Civil Code in adapting to socio-economic changes, the process of interpreting and applying law, 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 foundation of civil law claims, holding practical significance in legal methodology. The thinking method of claim foundation has been widely adopted by the legal academia 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 Outline," 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 value and philosophy of civil law, introduces important civil law systems, and provides statistical data to help readers gain a more comprehensive understanding of the relationship between civil law and daily life, as well as to cultivate 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 them, the "General Principles of Obligations" is a specialized work, particularly the section on "Unjust Enrichment," which reexamines and comprehensively interprets hundreds of cases using typological theory, combining textbook and casebook functions, representing a new attempt in writing methodology. The "Tort Law" 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 development of Taiwan's Civil Code and social change, and it is hoped that it can be completed soon. Despite differences in content and style, the works share a common commitment to integrating theory and practice, adopting the method of claim foundation, highlighting issues and points of contention through case studies, and using comparative law to explore various normative models as references for interpretation and application. Through years of research in civil law, a deeper understanding has been gained that civil law is people-centered, rooted in the theory of freedom and equality, and safeguards human value and dignity. Striving for civil law is, in essence, striving for the freedom, equality, value, and dignity of humanity. Thirty years of writing have been a long and arduous journey. Gratitude is expressed to teachers, colleagues, classmates, and readers for their encouragement and support. Particular thanks are owed to the love and tolerance of family, especially the blessings and grace of God, which have enabled continuous learning and work in peace and joy. June 2, 2003, 65th Birthday Preface, Taipei