Wang Zejian's Collected Works of Law·Volume 3, Studies on Civil Law Doctrine and Case Law 3

Author: Wang Zejian
Publisher:
Publish Date: 2003-09-01
Features: Preface The China University of Political Science and Law compiled and edited my works in a complete volume format for easy use, reference, and preservation. I sincerely express my gratitude to all colleagues at the publisher for their assistance and hard work. The first eight volumes of this complete collection, "Civil Law Doctrine and Case Studies," were completed between 1975 and 1992, reflecting my 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. Applying legal methods, I analyzed and examined the reasoning behind important judgments, uncovering and interpreting the legal principles embedded in specific cases, and constructing a theoretical framework. To some extent, these eight volumes reflect the process by which the Civil Code has grown in response to socio-economic changes, addressing issues of legal interpretation, filling loopholes, and creating new institutions, thereby recording 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 of 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 examination of 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. This 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 books "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 "Unjust Enrichment," which reexamines and comprehensively interprets hundreds of cases using typological theory, combining the functions of a textbook and case law, representing a new attempt in writing methodology. The "Tort Law" still needs supplementation regarding special torts. "Damages" is a core issue in civil law, and the manuscript is currently being actively prepared. My greatest wish is to write a work on the development of Taiwan's Civil Code and social change, and I hope to complete it as soon as possible. Despite differences in content and style, the complete collection of civil law 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 civil law research, I have come to a deeper understanding that civil law is people-centered, rooted in the theories of freedom and equality, and safeguards human value and dignity. Striving for civil law is striving for the freedom, equality, value, and dignity of humanity. Thirty years of writing has been a long and arduous journey. I sincerely appreciate the encouragement and support of my teachers, colleagues, classmates, and readers. I especially want to thank my family's love and tolerance, especially the blessings and grace of God, which have enabled me to continue learning and working in peace and joy. June 2, 2003, 65th Birthday Preface, Taipei