민법에서 사권의 공공성 一瞥

The Significance of Public Weal in Civil Law Area

The intersection between private law sphere and public law sphere came into main issue these day. For instance, environmental problem such as protection of environmental benefits, privacy, which contains consitutional problems, sexual discrimination , family system, that also contains constitution value and non- contradiction and infringement of obligatory right etc. Such being the case, those intersections are related to civil public weal or private quasi-public. However, public weal or private public is vehicle for those intersections. The private autonomy and mandate in market have different type of concept, but it is important to guarantee the concept of the private autonomy, due to the meaning of public weal and quasi-public, civil law made up with social principal of norm. which means civil law connote the existence of civil freedom and quasi-public. Those quasi-public contains formation of civil social order's rule. The main propose of civil law is to enhance social order, which actually will guarantee the personal freedom and self-determination right. This paper describes the principle of No abuse of rights, and the significance of public weal in civil law due to article 103.