債法之體系龐大且分工細密,而司法實務與學說長期以來,除針對諸多重要之傳統議題進行深層思辯外,亦不斷配合社會發展致力於概念之創新與突破。本課程期望建立學生廣視之債法體系觀念,藉由說明各制度彼此之互動性、法律條文之具體內涵與爭議所在、相關學說見解與實務之發展歷程暨現行運作狀況等,釐清債法面貌。同時,配合課堂之實例解說,得使學生再次檢視對於基礎概念之掌握程度,進一步培養將理論運用於實際狀況之能力。The system of debt law is large and the division of labor is detailed. For a long time, judicial practice and learning have not only been deeply thought about traditional issues that are important, but also constantly cooperate with social development and are committed to innovation and breakthroughs in concepts. This course hopes to establish a concept of a debt system that is widely viewed by students, to clarify the appearance of debt law by explaining the interaction between various systems, the specific connotation and disputes of legal documents, the development process of relevant academic explanations and practices, and the current operational status. At the same time, in conjunction with the practical explanation of the classroom, students can once again examine their mastery of basic concepts and further cultivate the ability to apply theoretical research to the actual situation.
研究民法上所規定的債之通則,就債的發生、標的、效力、移轉、消滅與多數債務人及多數債權人等之理論與實踐。債法 具有交易法的色彩,於今日人與人接觸頻繁,發生財產上的權利義務關係甚多之情形下,最為重要。
Study the rules of debt stipulated in civil law, and conduct the theory and practice of debt occurrence, labeling, effectiveness, transfer, consumption and the theory and implementation of debts. Debt law has the color of trading law. It is most important when people are in contact with each other today and there are many property rights and relations.
邱聰智 著;姚志明 修訂,新訂民法債編通則(上) (新訂二版),2014/03
邱聰智 著;姚志明 修訂,新訂民法債編通則(下) (新訂二版),2014/03
Written by Qiu Tengzhi; Revised by Yao Zhiming, Newly Ordered Civil Law Debt Encouragement (Part 1) (Newly Ordered Second Edition), 2014/03
Written by Qiu Tengzhi; Revised by Yao Zhiming, Newly Ordered Civil Law Debt Encouragement (Part 2) (Newly Ordered Second Edition), 2014/03
評分項目 Grading Method | 配分比例 Grading percentage | 說明 Description |
---|---|---|
期中考期中考 Midterm exam |
40 | 實例題為主 |
期末考期末考 Final exam |
40 | 實例題為主 |
平時成績平時成績 Regular achievements |
20 | 以上課出席率、課輔出席率及上課狀況為準 |