Wang Zeyan's Collected Works of Law (Volume 4: Studies on 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 a complete volume format for convenience 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, "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 critical phase in the development of Taiwan's Civil Code. The author applied legal methodologies to analyze and examine the reasoning behind important judgments, uncover and interpret the legal principles embedded in specific cases, and construct a theoretical framework. To a certain extent, these eight volumes reflect the process by which the Civil Code has evolved to address issues arising from socio-economic changes, how laws are interpreted and applied, how loopholes are filled, and new institutions are created. They document 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 claims, holding practical significance as a legal methodology. The thinking approach for the basis of civil claims has been widely adopted by the legal academia and practice, helping to systemize and methodize the study of civil law, enhancing the rigor, transparency, and objectivity of argumentation, and providing a more rational basis for evaluating 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 institutions, 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 works "General Principles of Civil Law," "General Principles of Debt Law," and "Civil Property Law" discuss the content of civil law, explain controversies in its interpretation and application, and explore its developmental trends. Among these, the "General Principles of Debt Law" is a specialized work, particularly the section on "Unjust Enrichment," which reexamines and comprehensively interprets hundreds of cases using typological theory, combining textbook and casebook functions—a new attempt in writing methodology. The section on "Tort Law" still awaits supplementation regarding special torts. "Damages" is a core issue in civil law, and the manuscript is currently being actively compiled. The greatest aspiration is to write a work on the Taiwan Civil Code and social change, and it is hoped that it can be completed soon. Despite differences in content and style, the common thread in the complete collection of civil law works is the commitment to combining theory and practice, adopting the thinking approach of the basis of claims, highlighting issues and points of contention through cases, and using comparative law to explore various normative models as references for interpretation and application. Through years of research in civil law, the author has gained a deeper understanding that civil law is people-centered, rooted in the principles of freedom and equality, and safeguards human value and dignity. Striving for civil law is, in essence, a struggle for human freedom, equality, value, and dignity. Thirty years of writing has been a long and arduous journey. The author sincerely appreciates the encouragement and support of teachers, colleagues, classmates, and readers. Special gratitude is owed to the love and tolerance of family, especially the blessings and grace of God, which have enabled the author to continue learning and working in peace and joy. June 2, 2003, on the author's 65th birthday, written in Taipei.