Wang Zejian's Complete Works of Law · Volume 15, Civil Law Property Rights. General Principles, Ownership

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 of this complete series, "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 behind important judgments, uncovering and interpreting the legal principles embedded in specific cases, and constructing a theoretical framework. To a certain extent, these eight volumes reflect the process by which the Civil Code has evolved 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 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 basis of civil claims, holding practical significance for legal methodology. The thinking method of the basis of civil claims has been widely adopted by the legal academia and practice, helping to study the Civil Code 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 those learning the Civil Code, as well as an introductory guide and comprehensive review. This book concisely explains the value and philosophy of the Civil Code, introduces important legal institutions, and provides statistical data to help readers gain a more comprehensive understanding of the relationship between the Civil Code and daily 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 the Civil Code, explain controversies in its interpretation and application, and explore its future trends. The "General Principles of Debt Law" is a specialized work, particularly "Unjust Enrichment," which reexamines and comprehensively interprets hundreds of cases using typological theory, combining the functions of a textbook and casebook. This represents a new attempt in writing methodology. The "Tort Law" still needs supplementation regarding special torts. "Damages" is a core issue in the Civil Code, and the manuscript is currently being actively compiled. The greatest aspiration is to write a work on the Civil Code of Taiwan and social change, and it is hoped that it can be completed as soon as possible. Despite differences in content and style, the complete series of Civil Law shares a common commitment to integrating theory and practice, adopting the method of the basis of claims, highlighting issues and points of contention through cases, and using comparative law to explore various normative models as references for interpretation and application. Years of research in civil law have deepened the author's understanding that the Civil Code is people-centered, rooted in the theory of freedom and equality, and safeguards human value and dignity. Striving for the Civil Code is a fight for human freedom, equality, value, and dignity. Thirty years of writing have been a long and arduous journey. The author is deeply grateful for the encouragement and support of teachers, colleagues, classmates, and readers. Special thanks are owed to the love and tolerance of the 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, 65th birthday preface in Taipei Preface The author's work, "Property Law (I) General Principles and Ownership," was first published in 1992. It has been nearly ten years since then. The key focus of this comprehensive revision is twofold: (1) Analyze and discuss recent doctrines and judgments, and express the author's greatest respect to the authors of the papers and the "Supreme Court." (2) Incorporate the draft amendment to the "Civil Code" Property Law currently under review, in order to enhance understanding of the issues and trends in the interpretation and application of the "current law." In October 2000, the author participated in the "International Symposium on Chinese Property Law" organized by the Institute of Law, Chinese Academy of Social Sciences in Beijing. It was learned that mainland China is committed to research on property law and plans to complete a draft of the Chinese Property Law by 2002. This is of great significance and far-reaching impact on the development of the socialist market economy in mainland China, and deserves attention and importance. One of the purposes of this revision is to publish a simplified character edition in mainland China, hoping to contribute to cross-strait legal exchanges. The publication of this book was made possible by the suggestions for improvement provided by Dr. Chen Zhongwu and the proofreading assistance of Mr. Ma Weizhong. For many years, the author has been deeply grateful to Mr. Lin Qingxian for his enthusiastic support, thorough review of the entire book, and significant contributions. Respectfully expressed gratitude.