General Theory of Debt Law

Author: Shi Shangkuan, edited by Ge Zhisong
Publisher:
Publishing Date: 2000-01-01
Features: Civil law is the foundation of all laws. It is not necessary to mention private law; even for those who govern public law, a certain understanding of civil law is necessary to grasp its essence. Among civil law, the contract law is particularly important, and the general principles of contracts are indeed the sum of contract law theory. Since the Civil Code was fully promulgated and implemented in the 19th year of the Republic of China, more than two decades have passed. Although there have been many civil law works during this time, they still fall far short of those in Germany and France. The American Pound, a renowned legal scholar proficient in both common law and civil law, also studied Chinese law and once praised the Chinese Civil Code as an advanced legal code. However, there remains a lack of profound and extensive works and annotations to enhance its utility. This is because civil law is intricately complex, far more so than other laws, and it is difficult to apply without fully grasping it. The author was honored to participate in the drafting of the Civil Code when the Legislative Yuan was established. After its completion, the author originally planned to engage in this work, but due to the need to complete or revise many other codes and important laws at the time, it was not feasible. By referencing original civil law works from Switzerland, Germany, France, Japan, and other countries, conducting comprehensive research, and weighing them against the provisions of the Chinese Civil Code to determine what to adopt and adapt, the author drew heavily on the doctrines and judgments of various countries while also making original contributions to suit the "national conditions" and the spirit of the Chinese Civil Code. The author was neither confined to a single perspective nor bound by the laws of any one country. The arguments presented may not be entirely accurate, but they aim to raise various issues and provide guidance, offering some inspiration for the study of this field. Given the broad scope and extensive extensions, it is difficult to ensure thoroughness, and omissions are inevitable. If this work can serve as a stepping stone to inspire deeper and richer scholarship in this field, thereby promoting the advancement of great legal studies, it would be the author's greatest fortune.