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私法自治是近代民法的一项基本原则,在民法中居于重要的地位。私法自治是法律行为的核心精髓所在,而法律行为则是公认的实现私法自治的工具,它不仅深度地阐述了私法自治所代表的民法精神和理念,同时也为私法自治的具体化提供了广阔的空间和范围。对于私法自治的认识在很大程度上决定了其效用的发挥程度,同样也决定了民事法律行为制度构建的完善性和合理性。
The self-government of private law is a basic principle of modern civil law and occupies an important position in civil law. Private law autonomy is the essence of legal act, while legal act is recognized as a tool to realize the autonomy of private law. It not only expounds the spirit and concept of civil law represented by private law autonomy, but also provides a wide range for the embodiment of private law autonomy The space and scope. To a large extent, the understanding of the autonomy of private law determines the extent to which its utility is exerted, and it also determines the perfection and rationality of constructing a civil legal act system.