The Boundary Of Effect Of Cicvil Law

As provided in Article 192 of Real Right Law,the mortgage right may not be alienated alone,or be used as a security for other obligee's rights by departing from the obligee's rights.Unless it is otherwise prescribed by any law or is otherwise stipulated by the parties concerned,when the obligee's rights are alienated,the mortgage right thereof shall be alienated concurrently.From the affiliation of the realty mortgage right as real right for security,this paper explores this regulation above and the room of private autonomy preserved in the entire norm of private law by current analytical tools of regulation patterns in the private law,and then analyzes embodiments of positive law and private autonomy,two validity bases of civil law in different norms of private law through the method of classified analysis.However,the core of private autonomy shall embody in the civil legal relationship rather than in the formalized norm of private law.Therefore,from perspective of juristic interest analysis,this study researches regulation patterns applicable to different beneficial relationships of various traits in civil legal relationships layer by layer,successively concluding the beneficial relationship regulated by voluntary regulation pattern on the absolute right,i.e.beneficial relationship only related to the specific third party and not related to any third parties,for insurance,the execution of the right of real claim and the neighboring relationship system,and the beneficial relationship regulated by statutory regulation pattern on the relative right,i.e.beneficial relationship related to the non-specific third party,for insurance,the security of the creditor's claim and contracts for the benefit of the third party.Lastly,regarding Anglo-American Contract Law as a free boundary in Anglo-American legal system,this paper analyses the status of the party's will in production and content of contracts' validity so as to provide a reference of comparative law for discussing validity boundary in the private autonomy.