IOU or IOU, is an IOU an IOU?

1. The IOU should indicate the names, ID numbers, addresses and other information of both parties;

2. The interest on the loan can be written, and the law stipulates that if the interest is not agreed upon, it will be deemed to have no interest;

3. Agree on the repayment period, if not agreed, you can ask for it back at any time, but give the other party a reasonable time to prepare;

4. The mortgage of the property does not affect the re-mortgage, but it is necessary to pay attention to the mortgage registration procedures, otherwise you will be in a disadvantageous position in the future disputes;

5. If the property is not in his name, he has no right to dispose of it legally, and there are two ways, one is to let him and the real estate registrant issue a statement, and the other is to let his relatives act as a guarantor to provide mortgage guarantee for the property, and the mortgage registration procedures are also required;

6. After completing the above-mentioned IOU and related mortgage procedures, if he disappears, he can go to the court to sue normally, and if he can't find anyone, he can sue the guarantor, and the court can announce the service and default judgment for him, and then you can apply to the court to enforce the auction of the property.

Hope it helps.

IOUs (simple IOUs).

For what, who borrowed RMB * yuan from whom on the day of *year*month*day, the two parties voluntarily agreed to repay *yuan on *year*month*day.

Borrower: **

If the house is in his name, you can ask him to mortgage the house to you and register the mortgage, if the house is not in his name, then you can ask his relatives to use the house to mortgage and register, or you can ask him to provide a guarantor and sign the loan contract when signing the loan contract, preferably fairly.

Legal Analysis: Both IOUs and IOUs have the force of law. But they belong to different legal relationships.

The legal relationship corresponding to the IOU is the loan relationship, that is, one party lends money to the other party; There are many legal relationships corresponding to IOUs, which can be various situations such as arrears, dividends, investment funds, etc., and in general, one party defaults on debts to the other party. The two are completely different in nature. In practice, there are many cases in which IOUs are written as IOUs or as IOUs are written as debts, resulting in incorrect texts, and as a result, it is often difficult to prove the facts, the determination of legal relationships, and the realization of the interests of the right holders.

Legal basis: Article 668 of the Civil Code of the People's Republic of China The loan contract shall be in written form, unless otherwise agreed upon in the loan 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 679 of the Civil Code of the People's Republic of China A loan contract between natural persons shall be established when the lender provides the loan.

An IOU is not an IOU. Both IOUs and IOUs are protected by law.

But the differences between the two are as follows:

1. The IOU proves the borrowing relationship, and the IOU proves the arrears relationship. A loan is certainly an arrears, but an arrears is not necessarily a loan.

2. The reason for the formation of IOUs is the specific fact of borrowing. There are many reasons for the formation of IOUs, which can be based on a variety of facts, such as arrears arising from sales and sales, arrears arising from labor services, arrears arising from enterprise contracting, arrears arising from damages, etc.

3. In the case of no repayment date, the starting time of the limitation period of the two is different. The statute of limitations is the same for IOUs and IOUs that have agreed on a repayment period; There is a difference between an IOU and an IOU that do not have an agreed repayment period.

If the time limit for the performance of the IOU is not clear, the debtor may perform its obligations to the creditor at any time, and the limitation period shall start to run from the day after the debtor's refusal to repay; The statute of limitations for IOUs without an agreed date of repayment begins on the day following the issuance of the IOU.

Legal basis

Article 188 of the Civil Code stipulates that the statute of limitations for filing a request to the people's court for protection of civil rights 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 has other provisions, 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.

Legal Analysis: All have a legal basis. The contract is signed under the agreement of both parties and the true intention of the two parties, and when a contract dispute occurs, both parties can take it to the court to file a lawsuit, which has the same effect.

A letter loan contract is a contract in which the borrower borrows money from the lender, returns the loan at maturity, and pays the interest on the liquidated ship.

Legal basis: Article 667 of the Civil Code of the People's Republic of China A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.

When an individual borrows money, an IOU and an IOU have legal effect if they are made in accordance with the law. However, IOUs can directly indicate the borrowing relationship, while IOUs may be formed due to the relationship between sales and sales and labor services. Therefore, it is advisable to make a note of IOU.

Legal basis

Article 2 of the Provisions of the Supreme People's Xiang Judgment Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.

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 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 early, 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.

Teach you the difference between an IOU and an IOU.

IOUs and IOUs are both creditor's rights certificates, and their legal effect is not high or low, but the facts cannot be confused.

Difference Between IOU and IOU:1The reasons for this are different.

IOUs are generally generated by private lending, and IOUs are produced for a wider range of reasons. 2.If a dispute arises, the court will hear it differently.

An IOU refers to a loan relationship, and an IOU refers to a debt relationship, such as an arrears formed by remuneration for providing services.