民法債編總論乃民事財產法體系中的重要環節之一。細究其規範內容所涉之事項，實與吾人日常生活有相當密切之關聯。惟作為債法通則，不僅條文之數量頗豐，且觸及了諸多抽象的基礎觀念，故有必要就法條之設計目的、要件內涵等，仔細的進行闡述，始得真正理解條文及其所串聯起的各制度間，究具有何種功能與意義。而本學期課程作為上學期課程之延續，將在修習學生對債法已有一定認識之基石上，持續引介其他於民法債編總論中所涉之重要規範。另一方面，有鑑於民法學者與司法實務長期以來，非僅針對傳統之重要法律議題進行討論，同時更配合社會變遷而致力於概念的創新與突破，因此本課程除介紹學說理論外，仍將補充大量實務見解來進行對照，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。The general introduction to civil law debt is one of the important links in the civil property law system. A closer look at the matters involved in its normative content is actually quite closely related to our daily lives. However, as a general principle of the law of obligations, it not only contains a large number of provisions, but also touches on many abstract basic concepts. Therefore, it is necessary to elaborate on the design purpose, essential connotation, etc. of the legal provisions in order to truly understand the provisions and their connections. What are the functions and significance of each system that arises? As a continuation of the previous semester's course, this semester's course will continue to introduce other important norms involved in the General Introduction to Civil Law Debt on the basis that students already have a certain understanding of debt law. On the other hand, in view of the fact that civil law scholars and judicial practitioners have not only discussed traditional important legal issues for a long time, but also devoted themselves to conceptual innovation and breakthroughs in line with social changes, this course will not only introduce doctrines and theories, but also Supplement a large number of practical insights for comparison, and strive to combine multiple aspects to cultivate students' ability to think independently and further critically analyze legal issues.
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 general principles of debt stipulated in the civil law, including the theory and practice of the occurrence, subject matter, validity, transfer, and elimination of debt, as well as the majority of debtors and the majority of creditors. Obligation law has the color of transaction law, and it is most important in today's situation where people have frequent contacts with each other and there are many rights and obligations in property.
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 Congzhi; revised by Yao Zhiming, New General Principles of Civil Law Obligations (Part 1) (New Second Edition)
Written by Qiu Congzhi; revised by Yao Zhiming, New General Principles of Civil Law Obligations (Part 2) (New 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 usual results |
20 | 以學生出席率、課堂參與度......等作為評分衡量基礎。 |
