Wang Zejian's Collected Works of Law · Volume 9, Legal Thinking and Civil Law Examples

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 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 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 methodologies 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 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 document the theoretical development history 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 as a legal methodology. The approach to the foundation 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 basis for evaluating the interpretation and application of laws. "Civil Law Essentials," 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 social 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 developmental 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, serving both as a textbook and a casebook—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 prepared. The greatest aspiration 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 civil law share a common goal: to combine theory and practice, adopt the approach of claim foundations, 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 civil law is people-centered, rooted in the theory of freedom and equality, and safeguards human value and dignity. Striving for civil law is, in essence, a struggle for human freedom, equality, value, and dignity. Thirty years of writing have been a long and arduous journey. I am deeply grateful for the encouragement and support of teachers, colleagues, classmates, and readers. 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