Legal Thinking and Civil Law Examples

Author: Wang Zejian
Publisher:
Publish Date: 2001-07-01
Features: Law is a practical discipline aimed at addressing real-world problems. Case studies are based on legal reasoning to determine the rights and obligations between parties in specific cases. To discover the law applicable to case facts, one must, on the one hand, explore legal norms based on case facts and, on the other hand, concretize legal norms within case facts. This involves a mutually illuminating thought process, which holds significance in legal methodology. My book Legal Thinking and Civil Law Cases aims to construct a theoretical framework for the foundation of claims, hoping to provide a systematic approach and method for solving cases, thereby enhancing the rationality and objectivity of legal application. This book focuses on the "Civil Code" of Taiwan, with its primary reference value lying in its methodological application. Additionally, the case studies in this book address important fundamental issues of the "Civil Code" of Taiwan, frequently citing judicial precedents, scholarly opinions, and theories from German law. Readers who can reflect on the interpretation and application of relevant laws in mainland China and engage in comparative research to explore various normative models, solutions, and argumentation methods will find this beneficial for their study of civil law.
Law is a practical discipline aimed at addressing real-world problems. Case studies are based on legal reasoning to determine the rights and obligations between parties in specific cases. To discover the law applicable to case facts, one must, on the one hand, explore legal norms based on case facts and, on the other hand, concretize legal norms within case facts. This involves a mutually illuminating thought process, which holds significance in legal methodology. My book Legal Thinking and Civil Law Cases aims to construct a theoretical framework for the foundation of claims, hoping to provide a systematic approach and method for solving cases, thereby enhancing the rationality and objectivity of legal application. This book focuses on the "Civil Code" of Taiwan, with its primary reference value lying in its methodological application. Additionally, the case studies in this book address important fundamental issues of the "Civil Code" of Taiwan, frequently citing judicial precedents, scholarly opinions, and theories from German law. Readers who can reflect on the interpretation and application of relevant laws in mainland China and engage in comparative research to explore various normative models, solutions, and argumentation methods will find this beneficial for their study of civil law.