Wang Zejian's Complete Works of Law · Volume 12, Principles of Debt Law. Basic Theories, Occurrence of Debt

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 a complete volume format for easy 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 of 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 process by which the Civil Code has evolved to address issues arising from socioeconomic changes, how laws are interpreted and applied, how loopholes are filled, and how new institutions are created. They record the history of the theoretical development of the Civil Code. "Civil Law Thinking and Case Studies" aims to establish a theoretical framework for the foundation of civil law claims, holding practical significance for legal methodology. The thinking method of the foundation of claims has been widely adopted by the legal community 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 Outline," published in 2002, is primarily intended as a basic textbook for those learning civil law, serving as both an introductory guide and a 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 Debt Law," 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 debt law have the nature of specialized works, particularly "Unjust Enrichment," which reexamines and comprehensively interprets hundreds of cases using typological theory, combining the functions of a textbook and case law. This represents 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 wish is to write a work on the Taiwan Civil Code and social change, and it is hoped that it can be completed as soon as possible. Despite differences in content and style, the complete works of civil law share a common goal: to integrate theory and practice, adopt the thinking method of the foundation of claims, highlight issues and disputes through cases, use comparative law to explore various normative models, and serve as references for interpretation and application. Through years of research in civil law, I have 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. To strive for civil law is to fight for the freedom, equality, value, and dignity of humanity. Thirty years of writing have been a long and arduous journey. I am deeply grateful 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 for 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 in Taipei Revised Preface The amendments to the Debt Law and the Implementation Regulations of the Debt Law were passed on April 2, 1999, promulgated on April 21, and scheduled to take effect on May 5, 2000. These amendments will enable the current Civil Code of Taiwan to better adapt to the socioeconomic development of Taiwan in the 21st century and to more reasonably and efficiently regulate people's lives. To accommodate legal changes, this book has been comprehensively revised. There are three reasons for this: ① It is planned to conduct a series of thematic studies on important basic issues of debt law under the title "Principles of Debt Law," hoping to make some contributions to the development of civil law. ② Adopt the method of the foundation of claims, guide legal thinking with cases, and provide for review purposes. ③ Provide a more detailed explanation of the interpretation and application of the newly amended articles. To leave time to complete the writing of "Tort Law," deeper research could not be conducted. I apologize for this and hope for your understanding.