Wang Zeyan's Complete Collection of Legal Works (Volume 15: Civil Law Property Rights - General Principles, Ownership)

Author: [Taiwan] Wang Zejian
Publisher:
Publish Date: 2003-09-01
Features: Preface The China 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 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, and constructing a theoretical framework. To some 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 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 for legal methodology. The approach to the basis of claims has been widely adopted by the legal community and practitioners, helping to study the Civil Code in a more systematic and step-by-step manner, enhancing the rigor and transparency of arguments, and providing a more objective basis for evaluating the reasonableness of legal interpretation and application. "Civil Law Outline," published in 2002, primarily serves as a basic textbook for those learning civil law, as well as an introductory guide and a comprehensive review. This book concisely explains the value and philosophy of the Civil Code, introduces important legal institutions, and provides statistical data to help readers gain a more comprehensive understanding of the relationship between the Civil Code 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 the Civil Code, explain controversies in its interpretation and application, and explore its future trends. Among them, the "General Principles of Obligations" is a specialized work, particularly "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 "Tort Law" still needs supplementation regarding special torts. "Damages" is a core issue in the Civil Code, and the manuscript is currently being actively prepared. My greatest wish is to write a work on the Civil Code of Taiwan and social change, and I hope to complete it soon. Despite differences in content and style, the anthology shares a common goal: to combine theory and practice, adopt the approach of the basis of claims, highlight issues and disputes through cases, use comparative law to explore various normative models, and serve as a reference for interpretation and application. Years of research in civil law have deepened my understanding that the Civil Code is people-centered, rooted in the theory of freedom and equality, and safeguards human value and dignity. Striving for the Civil Code is a fight for the freedom, equality, value, and dignity of humanity. Thirty years of writing have 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 for their love and tolerance, especially for the blessings and grace of God, which have allowed me to continue learning and working in peace and joy. June 2, 2003, 65th Birthday Preface to the Book "Property Law (I): General Principles and Ownership," the first edition of which was published in 1992. It has been nearly ten years since then. The focus of this comprehensive revision is on two aspects: (1) Analyzing and discussing recent doctrines and cases, and expressing great respect to the authors of the papers and the "Supreme Court." (2) Incorporating the draft amendment to the "Civil Code" on property rights currently under review, in order to better understand the issues and trends in the interpretation and application of the "current law." In October 2000, I participated in the "International Symposium on Chinese Property Law" organized by the Institute of Law, Chinese Academy of Social Sciences in Beijing. I learned that mainland China is committed to researching property law and plans to complete a draft of the Chinese Property Law by 2002. This is of great significance and depth for the development of the socialist market economy in mainland China and deserves attention and importance. One of the purposes of this revision is to publish a simplified character edition in mainland China, hoping to contribute to legal exchanges between the two sides of the strait. The publication of this book was made possible by the suggestions for improvement provided by Dr. Chen Zhongwu and the proofreading assistance of Mr. Ma Weizhong. Over the years, I have been deeply grateful to Mr. Lin Qingxian for his enthusiastic support, his careful review of the entire book, and his great contribution. I extend my sincere gratitude to him.