Wang Zejian's Collected Works of Law (Volume 10: Outline of Civil Law)

Author: 【Taiwan】 Wang Zejian
Publisher:
Publishing Date: 2003-09-01
Features: Preface The Chinese University of Political Science and Law compiled and edited my works in an anthology format for convenience of 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 key 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, and constructing a theoretical framework. To some extent, these eight volumes reflect the challenges faced by the Civil Code in adapting to socio-economic changes, the process of interpreting and applying laws, 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 foundation of civil law claims, holding practical significance for legal methodology. The thinking method of claim foundations has been widely adopted by the legal community 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 legal interpretation. "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 Debt Law," 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 debt law have the nature of specialized works, especially "Unjust Enrichment," which re-examines 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 "Tort Law" still needs supplementation in the section on special torts. "Damages" is a core issue in civil law and 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: to integrate theory and practice, adopt the thinking method of claim foundations, highlight issues and disputes through examples, use comparative law to explore various normative models, and serve as a reference for interpretation and application. Years of civil law research have deepened my 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. I sincerely appreciate the encouragement and support of my teachers, colleagues, classmates, and readers. I am particularly grateful to my family for their love and tolerance, especially for 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 My work "Civil Law Essentials" serves as a basic reference textbook for civil law learners, as well as an introductory guide and comprehensive review. The "Current Civil Code" has 1,274 articles, and summarizing it is indeed challenging. This book focuses on explaining the value and philosophy of civil law, analyzing and discussing the functions of important systems such as the rights system, legal acts, debt relationships (especially contracts and torts), property rights, family law, and inheritance, and providing relevant statistical data to help readers understand the theoretical framework and practical operation of private legal orders related to personal rights and social economic development. Civil law is the "mother of all laws," establishing basic legal concepts, systematic structures, and methods of interest balancing and value judgment. This is also a key focus of this book, hoping to help readers grasp the interpretation and application of law and the reasoning behind arguments more deeply. This is a fundamental skill required for legal study, and in this sense, the book also serves as an introductory guide to law. The book includes 157 example questions to explain legislative policies, normative models, and core issues in the interpretation and application of civil law. These questions serve multiple purposes: they can stimulate thinking, encourage more acute analysis of disputes and exploration of solutions, cultivate legal imagination, and also be used for reviewing and assessing learning outcomes. Please read carefully and meticulously. If you can write them down and discuss them together, it will be even more beneficial. When learning civil law, beginners often feel confused about whether they need to memorize legal provisions. Legal provisions manifest in, which are composed of concepts and form systems, regulating the rights and obligations of citizens through specific conditions and legal effects. Legal provisions require "understanding" to be appropriately interpreted and applied, but a certain degree of "memorization" is also necessary. The most efficient learning method is to "toggle between legal provisions and textbooks," meaning that when reading textbooks, you must consult relevant legal provisions, and when reading legal provisions, you must refer to the textbooks, paying attention to practical exercises, so that they can inspire each other. The "Current Civil Code" is elegant and precise in language, containing various types of legal provision structures. If one can carefully contemplate and appreciate them, it will cultivate the thinking methods of a legal professional. Practicing law is inherently difficult, and summary books face many challenges. The content is too brief, and some details are omitted, making it inevitable to arrange and combine legal provisions. A detailed explanation would inevitably increase the length, which contradicts the purpose of a summary. Such books must be read at least three times to grasp their essence. The first reading is a rough one, to grasp the main points. It is not advisable to read word by word from the beginning, as it is essential to understand. The second reading is a close one, for a deeper and more thorough understanding. The final reading is to integrate and synthesize the principles and rules, forming a theoretical system.