- 英文摘要
- Abstract
In the context of government procurement, the contractual dispute between the National Palace Museum and Airiti Incorporation is a relatively rare case compared to the majority of such disputes in Taiwan, which typically involve construction-related issues. Given its shared characteristics with cultural and arts procurement contracts and the absence of litigation cases in this field, this case serves as a valuable reference for such procurement and is used as the starting point for discussion.
Detailed analysis revealed that government procurement contracts are predominantly categorized under private law. However, a clear imbalance exists in status and bargaining power between the public institution and the private contractor. Relying solely on private law doctrines such as private law autonomy and contractual freedom risks this asymmetry being overlooked, potentially leading to unjust outcomes. To address this issue, the constitutional effect of basic human rights and principle of legitimate expectations are applied as mechanisms to ensure fairness.
The argument is further extended to cultural and arts procurement contracts, where disparities in power are even more pronounced, especially when dealing with individual creators or small cultural enterprises. This study explores whether the constitutional right to culture can support interpretations that favor cultural workers and whether arts-related procurement contracts should be treated differently from standard ones. Additionally, how constitutional rights and the invalidation of unfair standard contract terms can be applied to correct power imbalances in contractual relationships are evaluated.
Ultimately, the study offers targeted recommendations from legislative, administrative, and judicial standpoints. These suggestions aim to inspire a renewed perspective on how cultural and arts procurement contracts can be drafted, executed, and adjudicated in the future, ultimately promoting a more equitable legal framework for cultural and creative stakeholders.
- 目次
- 目次
壹、前言
貳、故宮－華藝政府採購履約爭議案
一、事實
二、爭點及論理
三、小結
參、從公私法看跨限服務之違約問題
一、政府採購契約之定性
二、憲法於本案之適用
三、民法於本案之適用
四、小結
五、本案後續影響
肆、以本案論證藝文採購契約當事人地位之衡平
一、以本案論證藝文採購契約之妥適性
二、藝文採購契約之公私法性格
三、小結
伍、結論與建議
一、結論
二、建議
