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我国《信托法》规定,信托合同签订时,信托成立。因此我国《信托法》认为信托合同是一种诺成合同,并不以委托人转移财产于受托人而发生效力。但是我国《信托法》对信托合同的履行问题没有作出规定,因此在信托合同生效而信托财产尚未转移时,信托合同当事人之间的权利义务关系并不明确,所以在解释信托合同的强制执行力问题上需要借助我国《合同法》的规定,但是与一般合同相比,信托合同具有类似委托、赠与的特殊属性,所以对于信托合同的强制执行力问题需要分情况探讨,在必要时应当赋予当事人一定的解除权和撤销权。
China’s “Trust Law” stipulates that when a trust contract is signed, the trust is established. Therefore, China’s “Trust Law” believes that a trust contract is a promise and does not take effect if the principal transfers the property to the trustee. However, the “Trust Law” of our country does not stipulate the fulfillment of the trust contract. Therefore, when the trust contract takes effect and the trust property has not been transferred, the rights and obligations between the parties to the trust contract are not clear. Therefore, when explaining the enforcement of the trust contract However, compared with the general contract, the trust contract has the special attributes similar to the entrustment and gift, so the question of the enforcement of the trust contract needs to be discussed in detail, and when necessary, the parties should be given Certain rights of cancellation and cancellation.