Wang Zejian's Collected Works of Law · Volume 10, Outline of Civil Law

Author: Wang Zejian
Publisher:
Publishing Date: 2003-09-01
Features: Preface The Chinese University of Political Science and Law compiled and edited my work in an anthology format for convenience of 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 anthology, "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 key 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 challenges faced by the Civil Code in adapting to socio-economic changes, the process of interpreting and applying laws, filling loopholes, and creating new institutions, 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 in legal methodology. The approach to the basis of claims has been widely adopted by the legal academia and practice, aiding systematic and step-by-step learning of civil law, enhancing the rigor, transparency, and objectivity of argumentation, and providing a more rational examination of the interpretation and application of laws.
"An Outline of Civil Law," 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 institutions, 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 Debt Law," and "Civil Law 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 Debt Law" is a specialized work, particularly the section on "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 civil law, and the manuscript is currently being actively prepared. My greatest wish is to write a work on the Taiwan Civil Code and social change, and I hope to complete it as soon as possible.
Although the content and style of the Civil Law Anthology vary, they share a common goal: to combine theory and practice, adopt the approach of the basis of claims, highlight issues and disputes through cases, use comparative law to explore various normative models, and serve as references for interpretation and application.
After 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. Striving for civil law is a fight 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. What I am most grateful for is the love and tolerance of my family, especially the blessings and grace of God, which have allowed me to continue learning and working in peace and joy.
June 2, 2003, 65th Birthday Preface My work "An Outline of Civil Law" serves as a basic reference textbook for civil law learners, as well as an introductory guide and comprehensive review. The "Current Civil Code" consists of 1,274 articles—how to "outline" it is indeed challenging. This book focuses on explaining the value and philosophy of civil law, analyzing and discussing the functions of important institutions such as the rights system, legal acts, debt relationships (especially contracts and torts), property rights, family law, and inheritance, and providing relevant statistical data to help readers understand the theoretical framework and practical operation of the private legal order concerning personal rights and social economic development.
Civil law is the "mother of all laws," establishing basic legal concepts, systematic structures, and methods of interest balancing and value judgment. This is also a key focus of this book, hoping to help readers grasp the interpretation and application of laws and the reasoning behind arguments more deeply—essential skills for legal study. In this sense, the book also serves as an introductory guide to law.
The book includes 157 case studies to explain legislative policies, normative models, and core issues in the interpretation and application of civil law. These case studies serve multiple purposes: they can stimulate thinking, encourage more acute analysis of disputes and exploration of solutions, cultivate legal imagination, and provide a means for reviewing and assessing learning outcomes. Read patiently and carefully, and if possible, write them down and discuss them together—this will be even more beneficial.
Regarding the study of civil law, beginners often feel confused about whether they need to memorize legal provisions. Laws are embodied in provisions, which are composed of concepts, forming a system to regulate the rights and obligations of citizens through specific conditions and legal effects. Laws require "understanding" to be appropriately interpreted and applied, but a certain degree of "memorization" is also necessary. The most efficient learning method is to "move back and forth between legal provisions and textbooks"—when reading a textbook, consult relevant provisions, and when reading provisions, refer to the textbook, paying attention to practical exercises, so that they can inspire each other.
The "Current Civil Code" is elegant and precise in language, containing various types of legal provisions with structural models. If one can carefully contemplate and appreciate them, legal thinking will be cultivated. Practicing law is inherently difficult, and an outline book faces many challenges. The content is too brief, and details are often omitted, making it inevitable to arrange and combine provisions. A detailed explanation would necessarily increase the length, which contradicts the purpose of an outline. Such books must be read at least three times to grasp their essence.
First, a rough reading to grasp the main points. It is not advisable to read word by word from the beginning; one must not insist on understanding every detail immediately. Next is a close reading for a deeper and more thorough understanding. Finally, the goal is to integrate and synthesize principles and rules, forming a theoretical framework.