⺠法作為規範私⼈間權利義務關係之法律，其所涉事項極為廣泛，與吾⼈⽇常⽣活密切相連。其中，以⺠法第⼆編—債編之整體架構來看，⼜分為通則與各種之債兩章，⽽前者為⺠法各類之債提供了共通的抽象基礎規範。細究其內容，可⾒涵蓋債之發⽣(包括契約、無因管理、不當得利、侵權⾏為等)以及債之法律效果(包括債之標的、債之效⼒、多數債務⼈及債權⼈、債之移轉、債之消滅等)。
有鑑於⺠法債編通則之抽象性與複雜性，本課程分為上、下兩學期進⾏，旨在使學⽣得以認識並掌握其體系架構暨基本觀念，了解當中不同制度設計所欲處理之問題及彼此間的關聯；並適時說明其間之重⼤爭議問題。⽽於課程進⾏中，授課教師除擬介紹相關學說⾒解外，亦將整理、歸納代表性之實務看法，間或引介外國立法例。透過三者之結合呈現，使學⽣非僅片⾯、⽽係能夠以全⾯之⾓度，踏出認識債法之第⼀步，俾利進⼀步深化修課學⽣獨立思考、批判分析⺠事法律問題之能⼒。As a law that regulates the relationship between private rights and obligations, civil law covers a wide range of matters and is closely connected with our daily life. Among them, looking at the overall structure of Part 2 of the People's Law - Debt Part, it is divided into two chapters: General Principles and Various Debts, with the former providing common abstract basic norms for various types of debts in the People's Law. A closer look at its content can cover the occurrence of the debt (including contracts, management without cause, unjust enrichment, torts, etc.) and the legal effects of the debt (including the subject of the debt, the effectiveness of the debt, the majority of debtors and creditors , transfer of debt, elimination of debt, etc.).
In view of the abstraction and complexity of the General Principles of Public Debt Compilation, this course is divided into two semesters, the first and the second semester. It aims to enable students to understand and master its system structure and basic concepts, and to understand the different systems designed to deal with it. issues and their relationships; and timely explanation of major controversial issues therebetween. During the course, in addition to introducing relevant theoretical explanations, the instructor will also organize and summarize representative practical views, and occasionally introduce foreign legislation. Through the combined presentation of the three, students can take the first step to understand the law of debt not only from a one-sided perspective but also from a comprehensive perspective, so as to further deepen students' independent thinking and critical analysis. Ability to handle civil and 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，新訂⺠法債編通則 (上)(新訂⼆版)，承法數位文化，2014年3⽉。
Written by Qiu Congzhi; revised by Yao Zhiming, newly revised General Principles of Public Legal Debt (Part 1) (newly revised second edition), Chengfa Digital Culture, March 2014.
| 評分項目 Grading Method | 配分比例 Grading percentage | 說明 Description |
|---|---|---|
| 期末考期末考 final exam |
80 | 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......等作為評分基礎。 |
