Wang Zejian's Complete Works of Law (Volume 3: Studies in Civil Law Doctrine and Case Law)

Author: Wang Zejian
Publisher:
Publish Date: 2003-09-01
Features: Preface The Chinese University of Political Science and Law compiled and edited my work in an anthology format for easy use, reference, and preservation. I sincerely express my gratitude to all colleagues at the publisher for their assistance and hard work. The first eight volumes of this anthology, "Civil Law Doctrine and Case Studies," were completed between 1975 and 1992, reflecting my teaching and research experiences at the Department of Law, National Taiwan University. This period was a critical phase in the development of Taiwan's Civil Code. Applying legal methods, I analyzed and examined the reasoning behind important judgments, uncovering and interpreting the legal principles embedded in specific cases to construct a theoretical framework. To some extent, these eight volumes reflect the challenges faced by the Civil Code in adapting to socio-economic changes, how laws are interpreted and applied, how loopholes are filled, and how new institutions are created. They record the history of the theoretical development of the Civil Code. "Civil Law Thinking and Case Studies" aims to establish a theoretical framework for the basis of civil law claims, holding practical significance in legal methodology. The thinking method of the basis of claims has been widely adopted by the legal academia and practice, helping to study civil law in a more systematic and step-by-step manner, enhancing the rigor, transparency, and objectivity of arguments, and providing a more rational examination of the interpretation and application of laws. "Civil Law Essentials," published in 2002, primarily serves as a basic textbook for civil law learners, as well as an introductory guide and comprehensive review. This book concisely explains the value and philosophy of civil law, introduces important civil law systems, and provides statistical data to help readers gain a more comprehensive understanding of the relationship between civil law and daily life, as well as to cultivate legal thinking and argumentation skills. The books "General Principles of Civil Law," "General Principles of Obligations," and "Civil Property Law" discuss the content of civil law, explain controversies in its interpretation and application, and explore its development trends. Among them, the "General Principles of Obligations" is a specialized work, particularly the section on "Unjust Enrichment," which reexamines and comprehensively interprets hundreds of cases using typological theory, combining the functions of a textbook and case law. This represents a new attempt in writing methodology. The section on special torts in "Tort Law" still awaits supplementation. "Damages" is a core issue in civil law, and the manuscript is currently being actively compiled. My greatest wish is to write a work on the development of Taiwan's Civil Code and social change, and I hope to complete it as soon as possible. Despite differences in content and style, the anthology shares a common goal of combining theory and practice, adopting the thinking method of the basis of claims, highlighting issues and points of contention through cases, using comparative law to explore various normative models as references for interpretation and application. Through years of research in civil law, I have come to a deeper understanding that civil law is people-centered, rooted in the theory of freedom and equality, and safeguards human value and dignity. Striving for civil law is a fight for the freedom, equality, value, and dignity of humanity. Thirty years of writing has been a long and arduous journey. I am deeply grateful to my teachers, colleagues, classmates, and readers for their encouragement and support. I especially want to thank my family's love and tolerance, particularly the blessings and grace of God, which have enabled me to continue my study and work in peace and joy. June 2, 2003, on the occasion of my 65th birthday, I wrote this preface in Taipei.