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The scotoma of civil code
From;    Author:Stand originally

The first issue that I should discuss is private law autonomy. The person that talks about civil code can tell private law autonomy certainly, I am written down so that there also are a lot of people to emphasize private law autonomy when coming last, feel under private law autonomy why we cannot arrange what our private right does him quite. I think private law autonomy is not their understanding in that way a kind of circumstance. I do not know the classmate that be present has a person to think private law does not have autonomy, substantially, the person that studies civil law thinks private law is autonomy, regard civil code as a big principle. Actually private law autonomy whole system looks conversely, that is two different matters. Because private law autonomy just is to say to organize system in, inside an orgnaization, can get a society so that flourish more a bit. Only method of prosperity is not a clique thousands of, tens of thousands of person goes helping you do, give yourself to do these things however. What everybody manages to his thing is best, the person is selfish originally. If you say a person is not selfish, this person is put in museum only. Just wait a moment because of background of the educational degree of everybody, family, he is met a selfish degree from 80 fall 50, 30, 20, the difference of each individual selfishness is in this respect, but everybody is selfishness. Because the person is selfish, for his own interest, so everybody can run his business best. An a government, orgnaization, if had pulled these completely,come oneself are done, not only be not done, and still can do very badly. So private law autonomy, give belongings the individual goes managing. But if think back to carefully, not be this appearance. Jural have legal action, those who will drive resource is fluctuant. The object of civil code standard is life resource, driving what life resource changes basically is legal action. But law has control to legal action, party must have behavior capacity, of mark must wait important document a moment certainly, possibly, the expressive law of the connection that the individual follows life resource also should undertake formulary. On such main body, of mark go up, it is clear that the meaning expresses law to set, the individual wants to make live resource happening is fluctuant, if do not accord with these conditions, happen impossibly at all. Because this law sets legal action these important document, private law need not is in charge of at all. Close in basket like a canary, legal action gives formulary clarity like basket, that canary is as far as possible inside flitter. There is private law autonomy in basket, if came up against basket,do not have autonomy of method private law. If will tell from this angle, private law autonomy is to be inside standard of a law, essential outside the standard impossible autonomy. Private law autonomy is opposite, what be OK autonomy, whats can be done. Encounter this kind of situation how can we liberalize more with respect to unified exam Lv a bit, take my meaning, only method goes to legal action getting rid of as far as possible namely. The result that behavior of a fact is packed by law turns law into behavior, still turn this take out that pack into factual action, mobile space can greaten. Should understanding private law autonomy above all so is a catchword only, it is opposite, not be absolutely, the space that if want,strives for this system is a bit larger, be about to take off the appearance of legal action, regard a behavior as factual behavior look upon, the space of such autonomy will be larger. This is the idea of the about private law autonomy relativity that I put forward. Have an opinion to this problem classmate?
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