Analysis of Restrictions on the Principle of Autonomy in Civil Law
Yin De-jun
Abstract
Yin De-jun
Abstract
The fundamental values of autonomy in Private Law have developed from the absolute freedom to the present which are relatively restricted;nevertheless,the process of changing is the result of the trial between the freedom and justice with the essence which demands of social legitimacy.This paper tries to explain the principles of autonomy in the General Principles of Civil Law by the various restrictions on the perspective of the socialism including the objects of fights,rights movements,rights and the rights object of the exercise in order to reveal the inevitability and necessity of the restrictions to the autonomy principle.
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The fundamental values of autonomy in Private Law have developed from the absolute freedom to the present which are relatively restricted;nevertheless,the process of changing is the result of the trial between the freedom and justice with the essence which demands of social legitimacy.This paper tries to explain the principles of autonomy in the General Principles of Civil Law by the various restrictions on the perspective of the socialism including the objects of fights,rights movements,rights and the rights object of the exercise in order to reveal the inevitability and necessity of the restrictions to the autonomy principle.
Key concepts: Autonomy, Law, Legitimacy, Political science, Object (grammar), Law and economics, Economic Justice, Private law