判例研究、法學方法與民法發展－50年的回顧與展望－

2021年3月19日王澤鑑教授應國立高雄大學法學院邀請，於高雄大學國際會議廳進行演講。藉由回顧學習民法的歷程與寫作經驗，說明我國五十年來民法判例學說的發展與貢獻。王澤鑑教授於演講中分享數個案例與最高法院判決，講述其透過寫作「民法學說與判例研究」的過程，參與法律的形成與發展，促成理論與實務的互動，結合最高法院判決，運用法學方法分析最高法院的判決，建構法律的體系。其指出法律教育與案例研習之重要性，以其在德國學習民法的經驗，強調法學教育首重於請求權基礎的訓練以及其在法律適用上之思考。法學的發展在於法學方法上的反省與進步，法官處理個案的同時也在引導法學發展，法官藉由法院判決進行法的解釋與法的續造，啟動法的發展，讓我們的法律保持動態的進步。學說因為法院判決獲得生命，判決也因為學者的協助，形成規則或原則，藉由判決與學說相互協力，建構我國民法的成果及創造力。王澤鑑教授認為，法律原則的形成與法律問題的產生，往往需要所遇得人，法的創造與形成過程，要感謝許多人共同的參與及努力，期許法律人應有此信念與使命，引導法律、創造法律，以求進步。

關鍵字

請求權基礎；法學方法；法釋義學；類推適用；法之續造

並列摘要

On March 19, 2021, Professor Wang was invited by the College of Law, National University of Kaohsiung to give a speech at its International Conference Hall. By reviewing Professor Wang's experiences in studying and writing about civil law, he illustrated the development and contributions of civil law jurisprudence in Taiwan over the past fifty years. In his speech, Professor Wang shared several cases and Supreme Court decisions, describing his involvement in the formation and development of civil law through the process of writing "Research on the Theory and Precedents of Civil Law," and the interaction between theory and practice, as well as his use of legal methodology to analyze Supreme Court decisions and construct a legal system. Professor Wang points out the importance of legal education and case study, and uses his experience in Germany studying civil law to emphasize that it is vital for legal education in terms of training in the basis of a claim and thinking about its application of law. The development of jurisprudence lies in the reflection and progress of legal methodology, and judges deal with cases and guide the development of jurisprudence at the same time. Judges interpret and build the law further through court decisions, which initiates the development of laws and keeps them improving. Theories are given lives by court decisions, and decisions are formed into rules or principles with the assistance of scholars. Through the synergy of jurisprudence and theories, the fruits and creativity of our civil law are constructed. Professor Wang believes that the formation of legal principles and the exploration of legal problems depends on the people who meet them, and the process of law creation and formation is contributed by the participation and efforts of many people. He expects that legal professionals should have this belief and find his vocation to guide and build the law into progress.

並列關鍵字

basis of a claim ； legal methodology ； legal doctrine ； application by analogy ； development of the law

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