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First, whether receipts and receipts have legal effect depends on two factors: first, they are legal in content, which means that the receipts and receipts record real income and expenditure or loans; Second, it is formally legal, which means that the process of filling in receipts and receipts is voluntary, and there is no fraud, coercion, etc. Second, receipts generally refer to the financial accounting documents that have been printed, if the questions you mention belong to this category, according to the format of the receipt and the requirements of the project, fill in the comprehensive and truth-seeking without leaving blanks; Third, the receipt generally refers to the supporting materials written on blank paper, which requires the names of both parties, the amount of money or goods received or loaned, the reason for the receipt, expenditure or loan, whether there is interest or storage charges, the date of occurrence, and other relevant contents are recorded on the receipt, and signed and fingerprinted by both parties.
The more detailed the description, the less likely it is that a dispute will arise in the future. Fourth, receipts or receipts are legally valid as long as they comply with the legality of the content and form. In order to make the receipt or receipt more legally enforceable.
Three methods are recommended: one is to go to the notary office where the district or county is located to notarize the receipt or receipt (you can go to the district and county judicial bureau to inquire about the specific situation of the notary office); The second is to invite a person who is familiar with both parties, has a good relationship and has prestige to act as an intermediary to witness the process of income and expenditure or loan, and sign the receipt or receipt to witness; The third is to use a mobile phone to film the process of filling in the receipt or IOU, and add ** and audio evidence. Of the above three methods, notarization has the strongest legal effect, and the method of shooting and filling in the process is the simplest.
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If the receipt states the date and the payee, as well as the corresponding reason, then it is legally valid. The date is written first, and the date when the receipt is written should be based on the date when the payment is received. The company name is filled in according to the unit received.
If you buy something, you can write the payment, if you buy parts, you can write the payment for parts, etc., as long as the remarks are clear. Therefore, if it is clearly written in accordance with the above provisions, the receipt will have legal effect. In accordance with Article 463 of the Civil Code of the People's Republic of China, this Part regulates the civil relations arising from contracts.
Article 464 stipulates that a contract is an agreement between civil subjects to establish, modify or terminate a civil legal relationship. Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.
Article 465 also stipulates that contracts established in accordance with law shall be protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law. Article 463 of the Civil Code of the People's Republic of China stipulates that this Part regulates civil relations arising from contracts.
Article 464 stipulates that a contract is an agreement between civil subjects to establish, modify or terminate a civil legal relationship. Marriage, adoption, guardianship, and other agreements related to status relationships shall be governed by the laws and regulations on such status relationships; Where there are no provisions, the provisions of this Part may be applied by reference on the basis of their nature.
Article 465 also stipulates that contracts established in accordance with law shall be protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
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Legal analysis: The receipt shall indicate the real name of the payer, the amount of the deliverer, the date of delivery, the reason for delivery and the recipient.
Legal basis: Article 1 of the "Provisions on Several Issues Concerning the Application of Law in the Trial of Cases of Private Borrowers", the term "private borrowers' loans" as used in these Provisions refers to the act of financing between natural persons, legal persons, and other organizations and among themselves.
These Provisions do not apply to disputes arising from the issuance of loans and other related financial services of financial institutions and their branches established with the approval of the financial regulatory authorities to engage in loan business.
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Legal analysis: A complete receipt should usually consist of three parts: the title, the body and the payment. (1) The title is written in the middle of the upper part of the text, and the font is slightly larger.
There are two ways to write a title. One is directly composed of the genre name. That is, write the words "receipt" or "receipt".
The other is to use the first three words of the text as the title, and the text to continue from the top of the second line. For example, use "Received Today", "Received", "Received" as the title. (2) The main text is generally written at the beginning of the second line with two blank spaces, but the receipt with the title "received today" is not blank.
The text should generally indicate the following contents, that is, the amount of money and goods received, the type and specifications of the goods, etc. (3) The payment is generally required to write the name of the person or unit receiving the money or goods, and the specific date of receipt is signed, and the official seal is generally affixed. If it is handled by someone, it is generally necessary to sign the name "Handler:."
The words. If it is collected on behalf of others, the words "collection person:" should be added before the name as late.
When writing the receipt, pay attention to the following matters: when writing the receipt, be sure to count the specific amount of money received, so that it is accurate and does not indicate that there is a mistake in the town. If it is collected on behalf of others, the words "received on behalf of others" should be used in the title, and the words "collected by the recipient" should be used when signing at the end of the article.
The language of the receipts is generally simple, and the length is often short and concise. Do not alter. Numbers should be capitalized.
Legal basis: Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases: When a lender files a private lending lawsuit with the 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 the legal relationship between the lenders.
Where 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.
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The receipt should include five elements: the payer, the recipient, the reason for delivery, the content of delivery, and the banquet at the time of delivery. On the basis of the above five elements, the receipt will take effect if the signature or seal of the recipient of the silver is included. ”
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The content of the receipt must be a receipt and the receipt records the actual income and expenditure or loan situation. Receipts are formally legal, which means that the process of filling out receipts and receipts is voluntary and there is no fraud or coercion. The parties may conclude a contract in writing, orally or in other forms.
Where laws and administrative regulations must require the use of written form, it shall be in written form, and the receipt in oral form has no legal effect.
Article 10 of the Civil Code of the People's Republic of China.
The parties enter into a contract in written, oral and other forms. Where laws and administrative regulations provide for the use of written form, written form shall be used. Where the parties agree to use written form, it shall be in written form.
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