Wang Zeyan's Collected Works of Law (Volume 12: Principles of Debt Law. Basic Theories, Occurrence of Debts)

Author: [Taiwan] Wang Zejian
Publisher:
Publish Date: 2006-09-01
Features: Preface The China University of Political Science and Law compiled and edited this work in a complete volume format for easy 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 complete series, "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 socioeconomic changes, how laws are interpreted and applied, how loopholes are filled, and how new institutions are created. They document 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 approach to the basis of claims has been widely adopted by the legal community and practicing lawyers, helping to systematize and methodize the study of civil law, enhance the rigor and transparency of arguments, and more objectively evaluate the reasonableness of legal interpretation and application. "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 more fully understand the relationship between civil law and daily life, as well as 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 future trends. Among these, 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 textbook and casebook functions—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 prepared. The greatest aspiration is to write a work on the Taiwan Civil Code and social change, hoping to complete it soon. Although the content and style of the complete civil law series vary, their common goal is to integrate theory and practice, adopt the method of claim basis thinking, highlight issues and disputes through cases, use comparative law to explore various normative models, and serve as references for interpretation and application. Years of research in civil law 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 have been a long and arduous journey. I am deeply grateful to my teachers, colleagues, classmates, and readers for their encouragement and support. I am particularly grateful to my family for their love and tolerance, especially to God's blessings and grace, which have enabled me to continue learning and working in peace and joy. June 2, 2003, 65th birthday preface in Taipei
Supplemental Preface The amendments to the Civil Code and the Implementation Act on Obligations were passed on April 2, 1999, promulgated on April 21, and scheduled to take effect on May 5, 2000. These amendments will enable the current Civil Code of Taiwan to better adapt to the socioeconomic development of Taiwan in the 21st century and more reasonably and efficiently regulate people's lives. To align with legal changes, this book has been comprehensively supplemented. The reasons are threefold: ① It is planned to conduct a series of research on important basic issues of obligations under the title "Principles of Obligations," hoping to contribute something to the development of civil law studies. ② Adopt the method of claim basis thinking, guide legal thinking with cases, and provide for review purposes. ③ Provide a more detailed explanation of the interpretation and application of the newly amended articles. Due to the need to leave time to complete the writing of "Tort Law," deeper research could not be conducted. I apologize for any inconvenience.