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|Other Titles:||Party’s Capacity of an Unincorporated Association and Effects of Judgment|
Unincorporated Association;Partnership;Apartment Building Management Committee;Capacity of Party;Functional Capacity of the Parties;Proper Party;Derivative Action;Range of Responsible Property;Procedural Protection
|Issue Date:||2016-05-20 16:07:50 (UTC+8)|
This paper analyses the capacity to be a party to legal proceedings, a party’s standing to bring suit in a particular dispute of an unincorporated association and the effects of the judgment of a suit. An unincorporated association has no legal capacity of substantive law but has the capacity to be a party to legal proceedings and to stand on behalf of its members. However, the capacity to be a party and the standing to bring suit should be determined separately for they have different elements. Based on the theory of procedural option rights, when an unincorporated association and its members have both party capacity and standing to sue, the plaintiff has the right to select an association as a sole de-fendant or all members as multiple defendants by weighing the procedural interests against the material interests. Partnerships or apartment building management committees are examples of unincorporated associations. The judgment against a partnership is not only binding on the parties but also on all partners who did not appear as parties in the suit. However, because the subject matter of a suit against partnership is different from a suit against partners for joint liability, the creditor may not execute a judgment of partnership against the individual property of the partner.
|Relation:||法學評論, 120, 95-158|
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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