General Theory of Debt Law (Volume 2)

Author: Huang Maorong
Publisher:
Publish Date: 2003-01-01
Features:
The passage of time has been swift since 1975, when I began teaching the course on tort law at the Department of Law and the Institute of Law at National Taiwan University. It has already been a quarter of a century. Through teaching and learning, I have gained some insights into the theory and practice of tort law, though they are still not entirely solid. Over the years, I have written several articles on tort law. These writings were motivated by various circumstances. The style of these articles falls between a textbook and a monograph. Overall, there are still many topics that need to be supplemented. However, I think it may take about two more years to achieve a preliminary completeness, and the length might also be too great to handle. Therefore, I will compile and publish the articles related to the general principles of tort law in Volume I and Volume II first. The arrangement of the subsequent volumes (Volume III and beyond) will correspond to Volume I and Volume II to facilitate readers in categorizing the articles by volume.
In the various parts of tort law, the law of sales was rewritten and republished this April. One of the key focuses of the rewrite is its connection with the general provisions or theory of tort law, allowing for mutual reference.
I am particularly grateful to my mentor, Justice Wang Zaijian, for accepting me as his disciple and giving me the opportunity to teach tort law at National Taiwan University, thus gaining the chance to learn. I would also like to express my deepest gratitude to my doctoral advisor, Dr. Josef Esser, for whom I have endless admiration!
Learning has no end. If there are any shortcomings in what I have discussed, I sincerely invite my teachers and esteemed scholars from all walks of life to kindly offer your guidance. I would be very grateful.
This book mainly includes the following content:
1. Damages: Medical torts and the liability for dangerous activities, general personality rights and their protection, compensation for lost profits, breach of contract and compensation for damages;
2. Non-performance of debt: Delay in giving and delay in acceptance, impossibility of performance, tort in the formation of a contract, positive infringement of a right, change of circumstances: lack or loss of the basis of the contract;
3. Preservation or security of debt: Right of subrogation, double sales and the right of rescission, mortgage security and security trust;
4. Payment of debt: The effect of payment in a void contract;
Appendix: Quasi-possession, the presumption of the rights of a possessor and the scope of evidence for rebutting such presumption.