Abstract. In this paper we use the Nunziato-Cowin theory of materials with voids to derive a theory of thermoelastic solids which have a double porosity structure. The new theory is not based on the Darcy's law. In the case of equilibrium, in contrast with the classical theory of elastic materials with double porosity, the porosity structure of the body is influenced by the displacement field. We prove the uniqueness of solutions by means of the logarithmic convexity arguments as well as the instability of solutions whenever the internal energy is not positive definite. Later we use the semigroup arguments to prove the existence of solutions in case that the internal energy is positive. The deformation of an elastic space with a spherical cavity is investigated.