Wang Zejian's Complete Works of Law · Volume 5, Studies on Civil Law Doctrine and Case Law 5

Author: Wang Zejian
Publisher:
Publish Date: 2003-09-01
Features: Preface The Chinese 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, uncover and interpret the legal principles embedded in specific cases, and construct a theoretical framework. To a certain extent, these eight volumes reflect the process by which the Civil Code has grown in response to socioeconomic changes, addressing issues of legal interpretation, filling loopholes, and creating new institutions, thereby 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 thinking method of the basis 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 justification of legal interpretation and application. "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 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 development 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 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 compiled. 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 anthology shares a common goal of integrating theory and practice, adopting the thinking method of the basis of claims, 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, a deeper understanding has been gained that civil law is human-centered, rooted in the theory of freedom and equality, and safeguards human value and dignity. Striving for civil law is a fight for human freedom, equality, value, and dignity. Thirty years of writing have been a long and arduous journey. Gratitude is deeply felt toward 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, on the author's 65th birthday, written in Taipei.