试论民事法律行为制度与意思自治的关系

民事法律行为是一种法律事实,以意思表示为要素且发生私法上效果的法律事实.民事法律行为不应以合法行为为其要件.意思表示才是民事法律行为的核心要素和本质特征.意思自治是一种法哲学的理论,表现在各种制度之上,其本质在于人的意志可以依其自身的法则去创设自己的权利、义务.

Relationship between Civil Juristic Act System and Autonomy of Will

Civil juristic act is a kind of law fact and express of meaning for main factor and private law in occurrences ascend the result. Civil juristic act shouldn't be with its important item in legal behavior. Express of meaning is the core main factor of the civil juristic act and essential characteristic. Autonomy of will is a kind of philosophic theories that express in every kind of systems, its innate character consists in that the person can establish own right duty according to oneself.