Wang Zejian's Collected Works of Law (Volume 6: Studies on Civil Law Doctrine and Case Law)

Author: [Taiwan] 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 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 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 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 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 document the theoretical development history of the Civil Code.
"Thinking in Civil Law and Case Studies" aims to establish a theoretical framework for the basis of civil rights claims, holding practical significance as a legal methodology. The approach to the basis of civil rights 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 laws.
"An Outline of Civil Law" was published in 2002, primarily as a basic textbook for civil law learners, serving as an introduction for beginners and a comprehensive review for advanced study. The 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 future 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 the functions of a textbook and casebook. This represents an innovative approach 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 relationship between Taiwan's Civil Code and social change, and it is hoped that it can be completed soon.
Despite differences in content and style, the works share a common goal: to integrate theory and practice, adopt the approach of the basis of civil rights claims, highlight issues and disputes through case studies, and use comparative law to explore various normative models as references for interpretation and application.
After years of research in civil law, I have 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, in essence, a struggle for human freedom, equality, value, and dignity.
Thirty years of writing has been a long and arduous journey. My heartfelt gratitude goes 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, on the occasion of my 65th birthday, written in Taipei.