違章建築交付公益信託之探討

Abstract

違章建築意指未經過合法途徑申請取得執照，而擅自建造、改良建物，可分為「程序違建」與「實質違建」兩種。一旦認定建築物是屬於違章建築，主管機關原則上須要強制拆除，以維建築安全與社會秩序。

公益信託則是信託的一種，其不同在於信託目的必須具備公益性質，獲益對象須為一般社會大眾。公益信託非為法人，而是委託人、受託人、受益人三方基於信託法規範制度下所生之利害關係。

違章建築與公益信託，在過往基本是互不相關的兩套法律制度與事件。卻因為政治上的選舉議題，硬生生地將這兩事件關聯在一起。一是為了私利而違反法規，另一是為了公益目的而產生，將這兩者堆疊在一起，到底是違法還是合法？公益還是私益？我們應該如何看待？亦或是該如何處理？藉由相關法規了釐清與認識，我們又該是如何面對與處理。這將是本文值得探討的原因。

Illegal construction refers to the construction and improvement of buildings without legally obtaining a license. It can be divided into "procedural illegal construction" and "substantial illegal construction". As long as the building is determined to be an illegal building, the competent authority must in principle forcibly demolish it to maintain building safety and social order.

Charitable trust is a type of trust. The difference is that the purpose of the trust must be public welfare and the beneficiaries must be the public. A public welfare trust is not a legal person, but an interest relationship between the trustor, trustee and beneficiaries based on the normative system of trust law.

Illegal construction and public trusts were two completely unrelated legal systems and matters in the past. But because of the political events of the election, these two things were combined with each other. One is illegal for personal gain, and the other is established for public welfare. When the two are combined, is it illegal or legal? Public benefit or private benefit? How should we view it? Or how to deal with it? Through the clarification and understanding of relevant laws and regulations, how should we face and make suggestions? This will be the reason why this article is worth exploring