都市更新權利變換協議談判之契約分析

An Analysis of Contracts for Urban Renewal Rights Transformation Negotiation

以權利變換實施都市更新事業過程中，土地權利人與實施者需經歷三階段的契約關係，即事業概要、都市更新事業計劃與權利變換計畫等階段，依據都市更新法律的規範，各個階段的關係契約，有其重要的權利義務相關的內容、功能與目的。同一更新單元之土地權利人與實施者，具有短期且為一次性合作的特性，依現行都市更新法律規範，交易雙方以簽訂同意書做為實施都市更新事業的關鍵契約，由於契約簽定後，交易雙方所投入的特殊投資比例不相同，因而普遍引起期初契約簽署的遲疑，甚而契約簽定後，仍有權利義務不明確之爭議。本文透過不完全契約理論的思維，探討分析土地權利人與實施者的契約關係與特殊投資關係，並建議一個新的交易契約模式，以降低雙方之機會主義行為，進而希能促進都市更新事業之推動。 In the process of urban renewal business in terms of rights transformation, both land owners and the implementers have to go through a three-stage contractual relationship; that is Business Summary, Urban Renewal Business Plans, and rights transformation Plans as well. According to norms of the Urban Renewal Act, the Relation Contracts of each stage has its important rights and obligations related contents, functions and purpose. Land owners and the implementers with the same Renewal Unit retain a short-term and once-for-all cooperative nature. According to the regulations of current Urban Renewal Act, both parties of the transaction by signing an agreement as the key contract of implementing urban renewal business. After signing up the contract, due to the different ratio of specific investment input by both sides of the transaction, the initial contract thus normally has been delaying or doubtfully signed. Even worse, after eventually signing the contract, there are still uncertain disputes on rights and obligations. Via the thoughts of Incomplete Contracts Theory, this paper not only analyzes the contractual relationship and the specific investment relationship of land owners and the implementers, but also recommends a new transaction contract model to decrease the opportunism behaviors of both sides, and further more, to facilitate the implement of urban renewal business.

In the process of urban renewal business in terms of rights transformation, both land owners and the implementers have to go through a three-stage contractual relationship; that is Business Summary, Urban Renewal Business Plans, and rights transformation Plans as well. According to norms of the Urban Renewal Act, the Relation Contracts of each stage has its important rights and obligations related contents, functions and purpose. Land owners and the implementers with the same Renewal Unit retain a short-term and once-for-all cooperative nature. According to the regulations of current Urban Renewal Act, both parties of the transaction by signing an agreement as the key contract of implementing urban renewal business. After signing up the contract, due to the different ratio of specific investment input by both sides of the transaction, the initial contract thus normally has been delaying or doubtfully signed. Even worse, after eventually signing the contract, there are still uncertain disputes on rights and obligations. Via the thoughts of Incomplete Contracts Theory, this paper not only analyzes the contractual relationship and the specific investment relationship of land owners and the implementers, but also recommends a new transaction contract model to decrease the opportunism behaviors of both sides, and further more, to facilitate the implement of urban renewal business.