Wang Zejian's Complete Collection of Legal Works. Volume 2: Studies on Civil Law Doctrine and Case Law

Author: Wang Zejian
Publisher:
Publishing Date: Not available
Features: Preface The Chinese University of Political Science and Law compiled and edited my work 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 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 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 claims, holding practical significance as a legal methodology. The thinking method for the basis of civil 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 arguments, and providing a more rational basis for evaluating the interpretation and application of laws. "Civil Law Essentials," published in 2002, primarily serves as a basic textbook for those learning the Civil Code, 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 Rights" 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 the section on "Unjust Enrichment," which reexamines and comprehensively interprets hundreds of cases using typological theory, combining the functions of a textbook and case law. This represents a new attempt in writing methodology. The section on "Special Torts" in "Tort Law" still awaits supplementation. "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 its socio-economic changes, and I hope to complete it as soon as possible. Despite differences in content and style, the anthology shares a common goal: to integrate 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 a reference for interpretation and application. Through years of research in civil law, I have come to a deeper 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 am particularly grateful to my family for their love and tolerance, especially to the blessings and grace of God, 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