Does this IOU have legal effect Does the IOU have legal effect

Hello, unfortunately you have encountered such trouble, but it has happened, I hope you can treat it calmly and deal with it bravely. By asking this question today, you are demonstrating your determination. As far as I understand the situation briefly, I hope it can help you!

First of all, there are two contracts, one is the shared lease between you and your friend, and the second is the loan (arrears) contract that you are struggling with.

If there are no other circumstances, the rental contract of the shared house is valid according to law, the content of the contract is clear, and there is no rental fee requested by your friend later; Let's focus on your IOU, this loan contract does not take effect, because private loan contracts are practical contracts and need to be performed before they can take effect. There is no payment between you, and the validity of the contract is problematic and flawed.

Secondly, there is the issue of the money of the IOU. Your friend acted in bad faith and coercively in this loan contract. The validity of the contract is flawed.

Finally, the IOU has no legal effect. If the other party continues to pester, you can go through the legal process, bless you.

First, the sublease contract is invalid; Secondly, don't you already rent that room, why are you still asking for money? And didn't you pay for the house without the approval of the owner? How did the decoration fee IOU come about?

In duplicate, one for each party. As a quick and convenient way to confirm, in general, the documents are handwritten, and the issuer is specific, that is, written and sealed by the debtor, borrower, and recipient, but in reality, there are many cases where the creditor, lender, and giver write and then signed by the debtor, borrower, and receiver.

1.The statement is valid, and the other party can hold the statement and ask you to pay.

2.If you don't have proof that you have paid the amount you owe, you still have to pay.

I think whether it has legal effect depends on three points: first, the authenticity of the note; 2. Whether there are any witnesses; Third, there are no fingerprints. From my private point of view, if you believe him, you don't need to make an IOU, if you don't believe him, don't borrow it, if you lend it to him, he is lazy and says he didn't borrow, what you take is a piece of waste paper, why do you say that, from a legal point of view, the most authoritative should be fingerprints, but generally speaking, IOUs will not be fingerprinted, and when the time comes, people can say that you are forged, even if you identify the authenticity of his notes through legal channels, what is the use, before and after the lawsuit to ask a lawyer to identify and so on, the cost far exceeds the value of the content of the IOU, Is it worth it? Some people may say that they can't help this arrogance to fight for a breath, but as a result, it is still themselves who are hurt, and it is not easy to earn money, so it is better to be cautious.

Legal analysis: IOUs have legal effect, as long as the reason for the arrears, the amount of money is clearly written, and the debtor signs, then the IOU has legal effect, and the IOU without a seal is also valid at this time. An IOU is a voucher written by an individual or unit to a relevant unit or individual when it owes money or goods.

IOUs are also known today as "white slips". IOUs are also common in daily life to prove that one party owes the other party property, a kind of voucher application style. IOUs are legally binding.

Legal basis: Article 188 of the Civil Code of the People's Republic of China provides that the statute of limitations for requesting protection of civil rights from a people's court is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

The reason why an IOU has legal effect is that, in accordance with the spirit of the General Principles of China's Civil Law, the following elements need to be met:

1. It must be able to prove the fact of debt.

2. It must be an expression of true meaning.

3. The acquisition of the IOU must be legal.

Finally, whether the IOU is valid or not must be recognized by the court and accepted by the court.

1. It must be able to prove the fact of debt. That is to say, the IOU must have clear necessary elements such as the debtor, the creditor, the time and amount of the money, otherwise it cannot be proved who owes whom the money, or how much money is owed, and the probative power of the IOU is insufficient;

2. It must be an expression of true meaning. That is, if the IOU must be made by both parties on an equal and voluntary basis. If you force me to write an IOU with a knife, then it is invalid. Or you lied to me when I was drunk, and it won't work.

3. The acquisition of the IOU must be legal. There is no need to elaborate on the reasoning.

The Civil Procedure Law requires that whoever asserts the claim must present evidence. The IOU you mentioned was forged by someone else using your signature on the book, and it was not obtained from a legal point of view. But if you think it's not what you really mean, then you have to prove it.

For example, you can prove that nothing other than your signature is in your handwriting and therefore will not be recognized. You can also prove through other witnesses that the IOU was forged by someone themselves, etc.

In short, it is not necessary that someone else has such an IOU to prove valid, nor does it necessarily mean that it will be invalid. The key is for both sides to present their own evidence, prove their own points, and then be able to convince the judge.

To sum up, in order for an IOU to be legally valid, then it must be made to meet the above three aspects at the same time, and such an IOU will be signed by both parties.

An IOU is legally valid only if the following conditions are met: the parties have the capacity to conclude the IOU; Its meaning means true; The content of the IOU is in accordance with the mandatory provisions of laws and administrative regulations; and does not violate public order and good customs.

[Legal basis].Article 143 of the Civil Code.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 667.

A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity with interest.

Article 668.

The loan contract shall be in written form, unless otherwise agreed upon between natural persons.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Article 680.

It is forbidden to lend at usurious interest rates, and the interest rate of the loan must not violate the relevant state regulations.

Under normal circumstances, the IOU must be signed and fingerprinted, and if the parties conclude the contract in the form of a contract, they shall sign or affix their seals. The people's court shall find that it has the same legal effect as a signature or seal. You should also pay attention to the following when writing an IOU:

1. The date of arrears - must be written clearly, preferably accurate to the date, the repayment date can be agreed in the IOU, if the repayment date is not agreed, the creditor can claim the return at any time, and if the repayment date is agreed, the repayment date must be expired before the return can be requested;

2. The amount owed should be capitalized in Arabic numerals and Chinese at the same time, and the currency should be clearly written;

3. If the debtor is married, it is better to obtain the signature of the spouse, which is more secure for the creditor, so as to avoid one party refusing to bear the repayment obligation on the grounds of ignorance or enforcing it in the court, and one party transferring the property to the spouse resulting in inability to repay;

4. A copy of the ID card and a copy of the marriage certificate signed by the debtor should be collected at the same time.

Article 119 of the Civil Procedure Law of the People's Republic of China: Initiating a lawsuit must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases》 Article 2 (1) When a lender initiates a private lending lawsuit with a people's court, it shall provide proof of creditor's rights such as IOUs, receipts, and IOUs, as well as other evidence that can prove the existence of a legal relationship between loans and loans;

2) If the creditor's rights vouchers such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the parties holding the creditor's rights vouchers file a private lending lawsuit, the people's court shall accept it. Where the defendant raises a factual defense against the plaintiff's creditor qualifications, and the people's court finds that the plaintiff does not have the creditor qualifications upon review, it rules to dismiss the lawsuit.

Whether an IOU has legal effect depends on whether it meets the conditions for validity. Under normal circumstances, civil juristic acts that meet the following conditions are valid:

1. The actor has the corresponding capacity for civil conduct;

2. The IOU expresses the true intention of both parties;

3. The content of the IOU does not violate the mandatory provisions of laws and administrative regulations, nor does it violate the public order and good customs of the society; 4. The IOU deals with the debtor's legal property.

Civil Code of the People's Republic of China

Article 143.

Conditions for the validity of civil juristic acts] Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 502.

A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

Summary. Hello, IOUs have legal effect.

Hello, IOUs have legal effect.

According to Article 143 of the Civil Code of the People's Republic of China, civil juristic acts that meet the following conditions are valid: (1) they have the corresponding capacity for civil conduct; (2) The intention is to express the truth of the outcry; 3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

First of all, as long as the IOU is legally signed, it has legal effect.

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