Civil Code (Revised Edition)

Author: Wang Zeyan
Publisher:
Publishing Date: 2001-07-01
Features: Professor Wang Zeyan's work "General Principles of Civil Law" (Revised Edition) was first published in Taiwan in 1982. After repeated revisions and supplements, it has reached its current form. Now, with Professor Wang's kind permission, China University of Political Science and Law Press has published it in simplified characters on the mainland. Although the civil law system on the mainland differs slightly from the current "Civil Law" system in Taiwan, the basic civil law theories are the same overall. Therefore, this book is also very useful and beneficial for civil law scholars on the mainland. On the day the first two volumes of the "Civil Law Series" (Revised Edition) were published in Beijing, I wrote a few words to introduce them to the civil law academic community on the mainland, which serves as this preface.
Professor Wang Zeyan, a renowned civil law scholar in Taiwan, is well-known to the legal community on the mainland. This is not only because he has long been dedicated to legal exchanges between the mainland and Taiwan, earning the respect of legal scholars on the mainland, but also because his work "Studies on Civil Law Theory and Case Law" was published in the mainland several years ago and has been highly valued by the civil law academic community there. Professor Wang Zeyan has held teaching positions in civil law at National Taiwan University for decades. When guiding students in their study of civil law, he not only imparts the most comprehensive and advanced theoretical knowledge but also emphasizes teaching students how to apply theory to solve practical problems. He not only implements the "case method" he advocates in his teaching but also applies a combination of theory and cases in his research. His work, titled "Studies on Civil Law Theory and Case Law," illustrates his emphasis on both theory and cases. Over the decades, his research has become increasingly refined, even elevating the level of civil law research in Taiwan. Such a statement is not an exaggeration.
Scholars from the mainland legal school, due to their country having a civil code, focus on theoretical elaboration based on the civil code in civil law teaching. Of course, examples are inevitably used to illustrate theories. However, in this context, examples are merely supplementary methods, generally not written in works, and are not given much importance. Traditional Chinese civil law teaching (from the Republic of China era to the present) has been like this. In recent years, some scholars have advocated for the Anglo-American-style case method. In my view, the case method has its shortcomings. Since cases are limited, the theories they involve do not cover the entire scope of civil law. Therefore, relying solely on case interpretation cannot fully convey civil law theory. To combine these two aspects, Professor Wang Zeyan proposed a method, which is applied in his new series of works, "Civil Law Series" – the "Case Study Method." This method involves teaching civil law theory through specific examples rather than just abstract theory. These examples are drawn from real judicial practice (such as judgments and cases) or are imagined or compiled by the instructor, thus covering every aspect and theory of civil law without restriction. This distinguishes it from case law teaching. On the other hand, these examples are still organized according to the system of civil law, relying on the systematic structure of the civil code. Students who study this method gain a comprehensive understanding of civil law theory, not just fragmented knowledge. This method has also been successfully applied in Germany and Japan. Professor Wang Zeyan has vigorously promoted this method, compiling a series of works to educate and study civil law students. His dedication to civil law education is truly admirable.
Professor Wang Zeyan's series of works began over a decade ago and was first published in Taiwan in 1982. After repeated revisions and supplements, it has reached its current form. Now, with Professor Wang's kind permission, China University of Political Science and Law Press has published it in simplified characters on the mainland. Although the civil law system on the mainland differs slightly from the current "Civil Law" system in Taiwan, the basic civil law theories are the same overall. Therefore, this book is also very useful and beneficial for civil law scholars on the mainland. Now, China University of Political Science and Law Press has first published the first two volumes of this book. The first volume is "Legal Thinking and Civil Law Cases," and the second volume is "General Principles of Civil Law." In the first chapter ("Introduction") of the first volume, Professor Wang elaborates in detail on the purpose and methods of studying civil law based on his decades of teaching and research experience. In the first chapter ("Introduction") of the second volume, Professor Wang specially includes the works of the German legal scholar Rudolf von Jhering, "The Struggle for Law." These efforts reflect Professor Wang Zeyan's sincere and thoughtful dedication. I believe that if Professor Wang's efforts bear fruit in the civil law academic community on the mainland, it will be a great event for the development of legal exchanges between Taiwan and the mainland. On the day the first two volumes of the "Civil Law Series" were published in Beijing, I wrote a few words to introduce them to the civil law academic community on the mainland, which serves as this preface.