On the Theoretical Source of the System of Alteration and Addition of the Person Subjected to Execution

Judgments and Orders can usually only be executed against the debtors identified in such judicial documents.However, in some circumstances, third parties not involved in the enforcement case can also be executed against.Most jurisprudents agree with the universally acknowledged point that the “theoretical source” of alteration and addition of the person subjected to execution is the extension of subjective scope of Res Judicata.This paper is exploring a new path to explain why the third party should be executed against.The author points out that the circumstances under which the subjective scope of Res Judicata expands are those cases that the court can easily determine there is no significant dispute around fulfillment of the obligation between the parties and the third parties.From the perspective of procedure classification theory, the court can directly determine the creditor-debtor relationship through summary proceeding and produce a new order which lays the foundation for the court to execute against the “Third Parties”.