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任意性规范和意思自治的关系虽早有定论,但二者因何结缘,并历经了怎样的演变过程,学界鲜有研究。为了填补该理论空白,挖掘解释性任意规范、补充性任意规范以及混合性规范产生之根基,有必要就德国法上任意性规范与意思自治关系的源头与演变过程进行梳理引介,进而重述其关系之真谛,为任意性规范的类型划分及其在司法实践中的正确适用提供参考。
Although the relationship between the arbitrary norms and the autonomy of autonomy has long been a definite conclusion, the relationship between the two is not well studied and has gone through any evolutionary process. In order to fill the blank of the theory and tap the foundations of interpretative norms, complementary norms and mixed norms, it is necessary to sort out the sources and evolutions of the autonomy relations between the arbitrary norms and the meanings in German law, The true meaning of the relationship provides reference for the classification of arbitrary norms and their correct application in judicial practice.