Abstract
If the contracts signed by the construction enterprises with the relationship of affiliating operation under the name of themselves or titular enterprises, affiliating operators and titular units are usually co litigants to prosecute or response. It’s stipulated in Article of Supreme Court “Suggestions on Civil Procedure Law” that “if individual businesses, individual partnership or private enterprises affiliate themselves with collective enterprises and operate under the name of collective enterprises, the individual businesses, individual partnership or private enterprises and the titular collective enterprises shall be the co litigants.”Constructors are affiliated to other construction enterprises and sign construction contracts under the name of titular construction enterprises, but the titular construction enterprises don’t want to prosecute, the constructors can be plaintiffs, titular construction enterprises are not necessary to be regarded as co-plaintiffs.
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