On learning the basic principles of the law of obligations

Taiwan scholar Professor Wang Zejian abstracts book author kept a lot, but really dive down to read some of it is not much. Professor Wang enjoys a high reputation in the mainland academic publications include 'Civil doctrine and jurisprudence research' (1-8 volumes) and other series. Professor Wang's book features a slightly classical instruments in Taiwan, the law is cited to explain the laws of Taiwan as a text, it is inevitable to find due to difficulties while giving an excuse for abandoning read. But the problem is not resolved, it will never be a problem. This article from undergraduate to start learning the basic legal principles, but also to make some laws to exercise their own judgment and in practice continue to accumulate. But the end is not to develop legal thinking, the principle of knowledge mastered untrue still thinking barrier. This barrier in writing professional papers when they become a chronic problem, and there is no good way to cure the patient. I experienced such an experience after winning the classic principle that only re-reader, 'Self can win.'

Paper Keywords fundamental legal principle legal judgment debt law

卡尔拉伦茨 the 'Law Methodology' Yi Xu in the words: 'classic academic works ...... readers only have a certain stamina, calmly reading to go, since can win.'  vertical both Reading, be safe it. This paper intends to comb through Professor Wang writings First 'principle Claims Act,' the chapter system, focus on the study of their own in the first chapter, 'basic theory' in the process of feelings. Thinking to overcome the above combination, 'barrier', confusion lies in their own learning can play in the minds of establishing its legal meaning of 'debt', the total debt of common sense and life mixed unclear, simple questions still to sort out, take complex disarray, it is difficult professional. So send in studying this book, find an entry point for thinking and analysis of legal issues related to solving the basic point.

This book includes basic principles of the system layout (the first chapter), contract (Chapter II, bonds occur), agent system (Chapter III) and without reason management (Chapter IV). Professor Wang, 'the basic principles of debt,' the interpretation, adhering to its classical legal thinking that mining claims-based approach, with examples to guide legal thinking. In view of this summarized in three points.

A more profound understanding of the theory (theory) and practice (practice or experience) the dialectical relationship

Professor Wang adhering book classic legal thinking, here we would like to talk about one of the 'instance Boot' (Example commentary). Significantly different from the general principles of the book, the book is part of the basic theory of the first chapter, the internal one a multi-instance start up three, four cases are also venues tend to be no more than ten lines of text. The author questions to guide thinking for the purpose and be careful not to aggravate the readers at the beginning of the text burden. This approach unique is that: First, it subverts the reader will be omnipresent in the beginning chapters of background, concepts, characteristics, classification smashing Touyunnaozhang situation, help readers to bypass the rote path, replaced teaches the reader thinking seeking to understand the theoretical concepts; Second, it specific practice or experience things on the theory before, for the reader to understand. On very compassionate readers understand the difficulties of abstract theory, but also on their own interpretation of the theory is quite confident; Third, well known to induce human thinking behavior often encounter problems and contradictions of the time. Theory Jun pleasant places not in its intended audience, how majestic up and smooth, but in their used wherever the person to give advice, to alleviate the confusion practice. Characterized by the book 'instance' to guide the reader, the reader's mind after an initial answer or did not understand, certainly eager to know the answer and the reasons, the process produced a hunger for knowledge, it can be said on the reader itself and The book of knowledge associated with them, is no longer a one-way learning readers irrelevant. With the needs of readers get answers, and books are there to answer questions of the mission. The author believes that this approach is very helpful for legal thinking giant.

Long As an example, the book talks about 'debt security'  half-grown beans made me realize deep. To ensure that civil claims for compensation, especially given two rights of creditors, for the purpose of relief, including subrogation and right of withdrawal. This system in our country has adopted on contract law. On knowledge, this is the experience of civil and commercial law specializing in the education and thus the direction of the reader, this is definitely not a new knowledge, and in my memory of them, nothing more than the concept, elements, differences, connections, every test Bibei, the case A test of time is also very pleased, but the understanding of this system always stays on the paper above the understanding of knowledge is too superficial and idealistic on how complete the protection of creditors, not thought and practice what kind of association . Like on similar theories of learning, neither associated with the practice, they can not understand the application associated with the related systems. Is a backwater in mind, just waiting for the memory faded. But in this case through case study, I feel the effect is different. The book talks about 'the struggle for the realization of debt' concept in this system is indispensable. 'Creditor's rights of subrogation and revocation of rights, the responsibility for the maintenance debtor's property, benefit, although huge, but still not enough to ensure that the debt to be repaid,' and analyze the three reasons, including the dissipation of the debtor's property foreseeable or control other than the creditor, claims of equality of all is settled difficult, statutory priority claims cases surviving. 'At this situation, the general creditors' claims can not guarantee its struggle.'  Feng Then, the author describes the debt secured guarantees relating to people and things of the guarantee system, and pointed out that 'the realization of claims and the priority is related to interests of the parties, financing (such as bank loans), social policy (such as labor wages) and public interest (such as the tax credit). ' In accordance with the idea of ​​prior learning in debt law debt papers will only focus on equality, on debt priorities only in the corporate bankruptcy liquidation memories too, in this, I can not help thinking heart sigh width on the degree of how important, and the theory and practice of the dialectical relationship is always stored in the occupation among the more intelligent being kept in existence.

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Second, learn to master the system under the legal concept of

Do not look at system, just read the chapter readings, even seeking the answer is piecemeal gap measures, taken out of context, hastily settle the matter, such a study subjects down bits of fragmented knowledge, a mass of paste, there is no system at all, remember a few concepts from memory but there is no level of parallel, mutually separated.

Book, regardless of class or literary documentary UNESCO, etc., as a reading of the object should appear in the form of a system, any single word its vitality are stored in the vitality of this system under the quote away from the integrity of any word by word , some will inevitably be out of context, although it may meet readers temporary use, but the true meaning of the book will inevitably bring biased interpretation and, thus, the significance of deviation from the reading  Zhi. For an example of it. 'Claims Act Theory' speaking 'the relationship between debt and procedural nature of the organism.'  Zhi in understanding the debt (debt relationship), I did not know the distinction between a concept of broad and narrow sense why. Here, the first outlines of the claims 'that the recipient benefits and maintain, in accordance with law enforce way.' 'The debtor should in principle with all its assets minus its liabilities to fulfill its responsibilities.'  Yan for the debtor obligation to fully understand how, is not defined as how, but need to be understood in a system down. The book explained that the relationship between the generalized debt, in addition to including the benefit obligation, accompanying obligations and obligations of various obligations do not really, but still include other rights such as the right to vote, right of cancellation, termination rights, etc., and a variety of legal status (such as the recipient relative meaning of that cancellation or termination of contract). Goes on to say, 'the relationship between the elements of debt, not an individual alone, nothing to do, but in order to meet the interests of the creditors paid, especially bilateral contract on the purpose of the exchange combined with each other to form an existence beyond the various elements of the overall sex. 'this' exists beyond the elements of the 'system integrity is the basis of the concept under the master carrier. I think the concept of the previous system, based elements, but now I think that this understanding is biased, or more importantly, the system is the basis for understanding the concept of elements, not to learn from this perspective, is not thoroughly understand the concepts , and in the process of guiding practice will encounter obstacles. As the authors conclude this section, the last of the debt structure analysis help to understand the elements of the debt, and changes in the development of the internal logic. Without this understanding, the understanding of individual issues, the end is fragmentary knowledge, do not constitute a complete system, insufficient to properly handle the complex relationship between debt. I very much agree with this view of its hugely helpful for legal thinking.

Third, learn to look at things with complex thinking, argumentation way to learn to express their views

Simple is good thinking? There slogan say: simple simple, minimalist kind of wisdom is concentrated, rather than to go straight to the dialectical logic without results. In this book, the authors presented their research not only academic achievements, more difficult and so valuable is to allow readers to see him in time to express their views on the detailed arguments and efforts made to adhere to the express language to be full of strength and passion . With demonstrable way to express their views will encourage people to find ways to transform thinking, behavior multi-angle look at the same problem or knowledge. Learning process is legal argumentation reasoning, persuasion process. Including deductive reasoning process, reasoning, thinking forward, reverse, it is necessary to follow a certain logic, but sometimes will jump logic inherent abandon the established formula. Here I argue understand that academic point of view can seek common ground, not the Chief of the, gang of elimination different perspective. Responsibility of the authors clarify their ideas and efforts, diligence argument to convince others to agree with their point of view.

As an example, the book illustrates the relationship between debt in the 'contract' concept. Usually thinking may start from the concept of contract, requirements, classification, status and other eleven swing. But Professor Wang's argument here thinking very novel, first from the 'contract and the market economy' relationship start replacing scripted status to contract illustrates the progress of the process of human society.  brilliant turn leads to contract the functions in the formation process, contract concomitant with the market economy, the rise and fall over the same period. 'To contract for the mechanisms of the market economy, the credit system is built on top of the market economy, contracts, and credit is the undivided Trinity.' In the phrase 'contract law' mechanism, the author tells the reader may doubt. 'Contractual agreement with its Department of parties to freely determine their rights and obligations of the various principles of freedom of contract, the parties agree on its contents vested, why contract law?' This is obviously not just a question of contract law exists. Professor Wang believes that the burden of the legal system of the important task is to arbitrary laws of the transaction is usually the case, to the parties to guide, although not mandatory application, but the contract made a reasonable allocation of risks to the parties meant to supplement and improve , to provide a basis for negotiation negotiations the parties, thus reducing transaction uncertainty. Meanwhile, contract law on mandatory safeguards in the program and the fairness of the transaction in substance,  PHP Manual by making the parties may request the court to achieve its contractual rights. Professor Wang book in the reference section is very rich and detailed, and its role is not merely to enhance the credibility of argumentation perspective, but also for me as a young law students in their academic point of view provides a further study on the path and space. Professor Wang explained another classic view of legal thinking: claims based its reasoning logic provides a good foundation. Such thinking not only in principle be reflected in the law of obligations.

Any one scholar's view has its 'past lives.' Each book are in the right sequence being double: on the one hand, it is in total time sequence, the site is part of the whole; the other hand, among the diachronic sequence, that is, it is in the context of the time correlation among each of the times in the past have been limited.  confused din of knowledge and ability, because of the scope of knowledge by people narrowly ified. Knowledge should not only be a static (knowledge) points, or group, but includes a body (person) to dynamically argument, criticism, advice, correction, and was constantly refining and inspection process.

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