Wang Zejian's Collected Works of Law (Volume 5: Studies in Civil Law Doctrine and Case Law)

Author: [Taiwan] Wang Zejian
Publisher:
Publishing Date: 2003-09-01
Features: Preface The China University of Political Science and Law compiled and edited my works in a complete volume format for ease 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 complete collection, "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 methods to analyze and examine the reasoning of important judgments, uncover and interpret the legal principles embedded in individual cases, and construct 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 basis of civil law claims, with practical significance in legal methodology. The thinking method of the basis of claims 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 providing a more rational basis for evaluating the interpretation and application of laws. "Civil Law Essentials," published in 2002, is primarily intended as a basic textbook for civil law learners, serving as an introduction for beginners and a 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 gain a more comprehensive understanding of the relationship between civil law and social 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 civil law, explain controversies in its interpretation and application, and explore its development trends. Among them, the general principles of obligations have the nature of specialized works, especially "Unjust Enrichment," which reexamines and comprehensively interprets hundreds of cases using typological theory, combining the functions of a textbook and case law, representing 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 wish is to write a work on the development of Taiwan's Civil Code and social change, and it is hoped that it can be completed as soon as possible. Despite differences in content and style, the complete collection of civil law shares a common goal of integrating theory and practice, adopting the thinking method of the basis of claims, highlighting issues and disputes through cases, using comparative law to explore various normative models as references for interpretation and application. Through 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 a struggle for the freedom, equality, value, and dignity of humanity. 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 especially want to thank my family's love and tolerance, especially 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 written in Taipei