Wang Zejian's Collected Works of Law (Volume 7: Studies in Civil Law Doctrine and Case Law)

Author: Wang Zejian
Publisher:
Publish Date: 2003-09-01
Features: Preface The China University of Political Science and Law compiled and edited this work in an anthology format for ease of use, reference, and preservation. Sincere gratitude is expressed 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 the author's teaching and research experiences at the Department of Law, National Taiwan University. This period was a key phase in the development of Taiwan's Civil Code. The author applied legal methods to analyze and examine the reasoning behind important judgments, uncovering and interpreting the legal principles embedded in individual cases, thereby constructing a theoretical framework. To some extent, these eight volumes reflect the challenges faced by the Civil Code in adapting to socioeconomic changes, the process of interpreting and applying law, filling loopholes, and creating new institutions, documenting the history of civil law theory. "Civil Law Thinking and Case Studies" aims to establish a theoretical framework for the basis of civil law claims, holding practical significance for 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 argumentation, and providing a more rational basis for evaluating the interpretation and application of law. "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. The 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 Rights" discuss the content of civil law, explain controversies in its interpretation and application, and explore its future 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, serving both as a textbook and a casebook—a new attempt in writing methodology. The section on "Torts" on special torts still awaits supplementation. "Damages" is a core issue in civil law, and the manuscript is currently being actively compiled. The greatest wish is to write a work on the development of Taiwan's Civil Code and social change, and it is hoped that it can be completed soon. Despite differences in content and style, the anthology shares a common commitment to combining theory and practice, adopting the method of claim-based thinking, highlighting issues and disputes through case studies, using comparative law to explore various normative models as references for interpretation and application. Through years of research in civil law, the author has 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 human freedom, equality, value, and dignity. Thirty years of writing has been a long and arduous journey. Gratitude is expressed to teachers, colleagues, classmates, and readers for their encouragement and support. Particular thanks are owed to the love and tolerance of my family, especially the blessings and grace of God, which have enabled me to continue learning and working in peace and joy. June 2, 2003, 65th Birthday Preface, Taipei