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 Law of Obligations course at the Department of Law and the Graduate Institute of Law at National Taiwan University. It has been over a quarter of a century. Through teaching and learning, I have gained some insights into the theory and practice of the Law of Obligations, though they are not yet fully solid. Over the years, I have written several articles on the subject. These writings were inspired by various circumstances that prompted me to start writing. 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 believe that it may take another two years to complete the initial version, and the volume might be too large to handle. Therefore, I have compiled the articles related to the General Principles of Obligations into Volume I and Volume II for publication first. The arrangement of subsequent volumes will correspond to Volume I and Volume II to facilitate readers in categorizing the articles.
Regarding the specific parts of the Law of Obligations, the Law of Sales was rewritten and republished in April of this year. One of the key revisions focuses on its connection with the general principles or theory of obligations, 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 the Law of Obligations at National Taiwan University, thereby gaining valuable learning experiences. I would also like to express my deepest gratitude to my doctoral advisor, Dr. Josef Esser, whom I will always cherish.
Learning has no end. If there are any shortcomings in my discussions, I sincerely invite my teachers and esteemed scholars to kindly offer your guidance. I would be greatly appreciative.
This book primarily includes the following content:
1. Damages: Hazardous liability in medical damages, 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, inability to give, tort of misrepresentation in contract, active infringement of rights, change of circumstances: lack or loss of the basis of the contract;
3. Preservation or Security of Obligations: Right of subrogation, double sale and the right of rescission, mortgage security and security trust;
4. Settlement of Obligations: The effectiveness of debt repayment in void contracts;
Appendix: Quasi-possession, the presumption of the rights of a possessor and the scope of evidence for rebutting such presumption.