The Study On The Embodiment Of Real Rights For Security In The Principle Of Autonomy

As one of the basic principles of civil law, the principle of autonomy through outs the civil law and always be applied in many fields, such as the freedom of marriage, divorce freedom and free will in marriage and family, the freedom of contract in the contract law etc. As a concrete manifestation of the value of freedom in civil law, the principle of autonomy not only promotes the prosperity and development of the market economy of a country, but also is related to the building of democracy and the rule of law in a country. The field of property law has been pursuing Legal Property, for the maintenance of the security of transactions and trading fair consideration, it requires the parties shall be arbitrarily create and change of property rights, which is directly in conflict with the principle of autonomy. It has been academia hot topic whether the field of property law applies to party autonomy. How to correctly handle the relationship between autonomy and the statutory principle of property rights that will directly affect the implement of the autonomy principle in the area of civil law, and it also is related to the realization of the legal value of freedom and the awareness of people’s property rights.As the freedom granted by law, the parties could decide the legal relationship’s establishment,change,destroy and independent responsibility for this. The principle of autonomy respects for the will of the individual,which promotes the development of the market subject’s autonomy and creative, ensures the healthy and orderly development of the market economy, and also promotes the realization of the freedom and order value, thus achieves social progress.The Statutory principle of property rights requires a unified standard, which mostly means peremptory norms. The realization of party autonomy is indeed subject to certain restrictions, but freedom has always been relative. Autonomy of the parties should be limited within certain limits. It is in the statutory principle of property rights driven so that party autonomy can be maximized. At the same time, the principle of autonomy helps to overcome the rigidities of the statutory principle of property rights in turn. Charging of an important part of property, Real right for security has important value. From the mortgage of land in the Rome law to the pledge in modern law to the floating mortgage, the types and mode of real right for security continue to expand, its function also begins to break through the preservation of obligatory right in the traditional sense, and inclines to promote financing. The principle of autonomy in the real rights for security mainly has been reflected in its implementation, the scope of the subject, measures. Property law has expanded the security object’s scope, extended the realization of guarantee right, allowed the parties’agree, relaxed the real right of pledge from property etc, which shoud be sure, but it still failed to effectively carry out the principle of autonomy.Fluidity contract exercises the contract freedom, which not only can effectively promote the real right for security, but also can reduce transaction costs, improve transaction efficiency, so it should not be prohibited. Excessive restriction on the establishment of real right for security will result in the narrowing of the scope, affect the financing ability. The legislation on the scope of the pledge of right’s object should be consistent with the scope of mortgage object to expand the scope of the subject of guarantee further. Although property law has defined the implementation order of the mortgage priority claim when the same property has been set up more than two, which cleared obstacles for repeated mortgage a certain extent, and created the conditions, it need to clear the repeated mortgage in order to facilitate the full value of the mortgaged property.