Wang Zejian's Collected Works of Law·Volume 8, Studies on Civil Law Doctrine and Case Law 8

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 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 critical phase in the development of Taiwan's Civil Code. The author applied legal methods to analyze and examine the reasoning behind important judgments, uncover and interpret the legal principles embedded in individual cases, and construct 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 for 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 arguments, and providing a more rational basis for evaluating the interpretation and application of laws. "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 a comprehensive review. This book concisely explains the value and philosophy of the Civil Code, introduces important systems, 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 works "General Principles of Civil Law," "General Principles of Obligations," and "Civil Property Law" discuss the content of the Civil Code, explain controversies in its interpretation and application, and explore its future trends. Among them, 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 the Civil Code, and the manuscript is currently being actively prepared. 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 soon. Despite differences in content and style, the complete works of the Civil Code share a common goal: to combine theory and practice, adopt the thinking method of the basis of claims, highlight issues and points of contention 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 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 the freedom, equality, value, and dignity of humanity. Thirty years of writing has 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, on the occasion of my 65th birthday, written in Taipei