非法人组织与当事人能力

Unincorporated Associations and Capacity of Litigants

既然《民法总则》已经确立了非法人组织的民事主体地位,非法人组织就应具有当事人能力。非法人组织的范围略大于其他组织,但也有例外。《民事诉讼法》必须相应地调整具有当事人能力的主体的范围。依法成立的业主委员会是非法人组织,应具有当事人能力,但其在具体案件中是否是适格当事人,仍需另行斟酌。对于既不是非法人组织,又非其他组织的非法人团体,基于有效解决纠纷等方面的考量,仍可有限度地肯定其当事人能力。

Since the General Principles of Civil Law has established the civil subject status of unincorporated associations,such associations should have the capacity of litigants.The scope of unincorporated associations is slightly larger than other organizations,but there are exceptions.The Civil Procedure Law must adjust the scope of the subjects with the capacity of litigants accordingly.The homeowners'committee established according to law is an unincorporated association,and should have the capacity of litigants.However,whether it is a qualified party in a specific case still needs to be considered separately.For other non-legal-person groups that are neither unincorporated associations nor other type of recognized organizations,based on the consideration of effective dispute resolution,they can still be seen as entities with limited capacity of litigants.