Wang Zejian's Collected Works of Law·Volume 6, Studies on Civil Law Doctrine and Case Law 6

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 an anthology 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 anthology, "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 methods to analyze and examine the reasoning of important judgments, uncovering and interpreting the legal principles embedded in specific cases, thereby constructing a theoretical framework. To some extent, these eight volumes reflect the process by which the Civil Code has grown to address issues arising from socio-economic changes, how laws are interpreted and applied, how loopholes are filled, and how new institutions are created. They document 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 as a legal methodology. The thinking method for the foundation of claims has been widely adopted by the legal academia and practice, helping to study civil law in a more systematic and step-by-step manner, enhancing the rigor, transparency, and objectivity of argumentation, and providing a more rational basis for evaluating the reasonableness of legal interpretation and application. "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. The book concisely explains the value and philosophy of civil law, introduces important civil law systems, and provides statistical data to enable readers to gain a more comprehensive understanding of the relationship between civil law and social 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 Law" discuss the content of civil law, explain controversies in its interpretation and application, and explore its development trends. Among these, the "General Principles of Obligations" is a specialized work, particularly "Unjust Enrichment," which reexamines and comprehensively interprets hundreds of cases using typological theory, serving both as a textbook and a casebook—a new attempt in writing methodology. The section on special torts in "Tort Law" still awaits supplementation. "Damages" is a core issue in civil law, and the manuscript is currently being actively compiled. The greatest aspiration is to write a work on the Taiwan Civil Code and social change, and it is hoped that it can be completed soon. Despite differences in content and style, the anthology shares a common commitment to integrating theory and practice, adopting the method of claim foundation thinking, highlighting issues and disputes through case studies, using comparative law to explore various normative models as references for interpretation and application. Through years of research in civil law, the author has come to a deeper understanding 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 has been a long and arduous journey. Gratitude is expressed to teachers, colleagues, classmates, and readers for their encouragement and support. Special thanks are owed to the love and tolerance of family, especially the blessings and grace of God, which have enabled the author to continue learning and working in peace and joy. June 2, 2003, on the author's 65th birthday, written in Taipei