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随着商业银行不断推出各种委托理财产品,理财产品所引发的法律纠纷也日益增多。在处理理财产品纠纷时,就是适用合同法上关于委托的法律规定,还是适用信托法,一直是存有争议的问题。本文即试图通过探究信托及委托的起源和异同,揭示我国现存理财产品的委托本质。
As commercial banks continue to launch various kinds of entrusted wealth management products, legal disputes arising from wealth management products are also increasing. When dealing with disputes over financial products, it is always a controversial issue to apply the law on commission stipulated in the contract law or apply the trust law. This article tries to reveal the entrusted nature of the existing wealth management products in our country by exploring the origin and similarities and differences between trusts and trusts.