Wang Zejian's Collected Works of Law. Volume 5: Studies on Civil Law Doctrine and Case Law

Author: Wang Zejian
Publisher:
Publishing Date: Not available
Features: Preface The China University of Political Science and Law has compiled and edited my works in a complete series 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, "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 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 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. "Civil Law Thinking and Case Studies" aims to establish a theoretical framework for the basis of civil law claims, holding practical significance as a legal methodology. The thinking method for the basis of claims has been widely adopted by the legal academia and practice, helping to study the Civil Code in a more systematic and step-by-step manner, enhancing the rigor, transparency, and objectivity of argumentation, and providing a more rational examination of the reasonableness of legal interpretation and application. "Civil Law Essentials," published in 2002, primarily serves as a basic textbook for those learning civil law, 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 social 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 these, the general principles of debt law have the nature of 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 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 compiled. My greatest wish is to write a work on the Taiwan Civil Code and social change, and I hope to complete it soon. Despite differences in content and style, the common goal of the complete series of civil law works is to combine theory and practice, adopt the thinking method of the basis of claims, highlight issues and points of contention through cases, use comparative law to explore various normative models, and serve 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 fight 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, Taipei