民法債編總論乃民事財產法體系之一環,與吾人日常生活息息相關。作為債之通則,其規範體系龐大,且涉及諸多抽象基礎觀念,兼而民法學者與司法實務長期以來,除針對重要之傳統議題進行深層思辯外,亦配合社會發展致力於概念之創新與突破。因此,本學期課程作為上學期課程之延續,在修課學生對於債法已有相當認識之背景下,將循序引介其他債編總論所涉制度之規範目的、相關要件內涵,並搭配學說與實務見解進行補充對照,力求結合多元面向,以培養修課學生能夠獨立思考、並進一步批判分析法律問題之能力。另一方面,於課堂進行間將適度引入實例說明,使學生得以不斷檢視其對債編總論之整體架構及相關概念之掌握程度如何。The general discussion of civil law debt is one of the civil property legal systems and is closely related to our daily lives. As a general rule of debt, its scope is large and involves a variety of abstract basic concepts. For a long time, civil law scholars and judicial practice have not only conducted deep thinking on important traditional issues, but also cooperated with social development to devote themselves to innovation and breakthroughs in concepts. Therefore, as the extension of the course of the previous course, in the context of the fact that students already have a good understanding of debt law, the rules and objectives and relevant connotations of the systems involved in other debt encouraging will be introduced step by step, and the teaching and practical explanation will be combined for a comprehensive comparison, and strive to combine diverse aspects to cultivate students' ability to think independently and further critically analyze legal problems. On the other hand, the introduction of practical examples in the classroom allows students to constantly examine their overall structure and related concepts of the debt compilation summary.
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)
邱聰智 著;姚志明 修訂,新訂民法債編通則(下) (新訂二版)
Written by Qiu Tengzhi; revised by Yao Zhiming, newly-ordered Civil Law Debt Encouragement (Part 1) (Newly-ordered Second Edition)
Written by Qiu Tengzhi; revised by Yao Zhiming, newly booked by the Civil Law Debt Editorial (Part 2) (Newly booked second edition)
評分項目 Grading Method | 配分比例 Grading percentage | 說明 Description |
---|---|---|
期中考期中考 Midterm exam |
40 | 筆試,以案例式實例題為主。 |
期末考期末考 Final exam |
40 | 筆試,以案例式實例題為主。 |
平時成績平時成績 Regular achievements |
20 | 以學生出席率、課堂參與度......等作為評分基礎。 |