The erga omnes effect of formative judgments(Gestaltungsurteile)is widely recognized in Chinese civil procedural law academia and has a strong systematic influence.The theory of the erga omnes effect of formative judgments in China is inherited from German law,but it has been a subject of controversy in the academic history of German civil procedural law.The theoretical justifications for the erga omnes effect of formative judgments can be summarized into four doctrines:the theory of public law change,the theory of unified change,the theory of erga omnes effect of change,and the theory of statu-tory character.However,none of these doctrines are sufficient to justify the erga omnes effect of forma-tive judgments.Whether the erga omnes effect is interpreted as the erga omnes effect in the sense of formative force or the erga omnes effect in the sense of res judicata,the subjective scope of the effect of formative judgments is a procedural law issue and should follow the principle of relativity which is limited to the litigants.The concept of formative force should be clarified by distinguishing between the private law effect of formative judgments and the binding effect of formative judgments on subsequent lawsuits.The effect of formative judgments is relative in principle,with the existence of erga omnes expansion and expansion towards specific subjects.The specific determination of the subjective scope of the effect of formative judgments depends on which formative actions are stipulated by civil substantive law,thus es-sentially being an issue of legal dogmatics.
Formative JudgmentJudgment EffectErga Omnes EffectFormative Force
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