| 英文摘要 |
Even though amendments have been made several times since its enforcement in 1929, whether the amended Civil Code has responded to the social changes is still doubtful. Furthermore, the current Civil Code does not suffice to be a solid foundation for establishing the rule of law in Taiwan. This article argues that there is a need to review the Civil Code and believes that instead of substantially amending the existing provisions of the Code, it is better to take the path of major description and establishment. In other words, some provisions of the Code should be discarded and only valuable framework and jurisprudential terminologies should be retained. Subsequently, a new thinking will be applied and a new generation of the Civil Code that integrates the old and the new will be created.Hence, this article focuses on reviewing the provisions of the General Principles of the Civil Code (including the legal sources of civil law, signatures and seals, and inconsistencies between textual and numerical expressions) as well as other parts (e.g., the subject matter, objects, and legal transaction). The author further provides legislative proposals with a hope to establish a new Civil Code that is simple and usable. |
