May I ask if the de facto marriage, does the written IOU have legal effect?

An IOU is equivalent to a loan contract, as long as it is signed voluntarily without coercion, the content of the contract is the true intention of both parties, and the content of the agreement does not violate the provisions of national laws and regulations, the contract is legal and valid.

A de facto marriage needs to meet the prescribed requirements in order to be legal and valid, otherwise it is a cohabitation relationship, not a husband and wife.

The following elements are required for a de facto marriage to be constituted:

Cohabitation (i.e., a man and a woman living together in a continuous and stable manner) began before 1 February 1994.

2. Cohabitation takes place in the name of husband and wife.

3. The cohabiting parties had met the substantive requirements for marriage at the time of cohabitation prior to 1 February 1994.

The so-called substantive requirements for marriage are the conditions that must be met by both men and women to establish a relationship between husband and wife, including: 1. Both parties have reached the legal age of marriage (22 for men and 20 for women); 2. Both parties are willing to marry; 3. Neither party has a spouse and does not belong to the direct blood relatives or collateral blood relatives within three generations; 4. Do not suffer from any disease that is medically considered unsuitable for marriage.

The Contract Law provides:

Article 3 The legal status of the parties to the contract is equal, and one party may not impose its will on the other party.

The parties concerned enjoy the right to voluntarily conclude a contract in accordance with the law, and no unit or individual may illegally interfere with it.

Article 5: The parties shall follow the principle of fairness in determining the rights and obligations of each party.

Article 6: Parties exercising rights and performing obligations shall follow the principle of good faith.

Article 7: When parties conclude or perform a contract, they shall abide by laws and administrative regulations, respect social morality, and must not.

Disrupt the social and economic order and harm the public interest.

Article 8 A contract established in accordance with law shall be legally binding on the parties. The parties shall perform their duties in accordance with the agreement.

The contract shall not be changed or terminated without authorization.

Contracts established in accordance with the law are protected by law.

It has legal effect.

A de facto marriage is actually a personal partnership.

Article 35 of the General Principles of the Civil Law provides.

The debts of the partnership shall be repaid by the partners with their respective assets in accordance with the proportion of capital contribution or the agreement agreed.

Hello, the IOU is a true expression of intent, and it is not written in the case of fraud or coercion, it is valid and protected by law.

Legal analysis: 1. The parties must have the corresponding capacity to enter into an auspicious contract when entering into an IOU. 2. The intention of the parties is true. 3. The IOU does not violate the law or the public interest.

Legal basis: Article 465 of the Civil Code of the People's Republic of China.

Contracts established in accordance with the law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 470 of the Civil Code of the People's Republic of China.

The content of the contract is agreed upon by the parties and generally includes the following clauses: (1) the names and addresses of the parties; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (Respectfully accompany 7) liability for breach of contract; (8) Methods of dispute resolution. The parties may refer to the model texts of various types of contracts to conclude the agreement.

The marital IOU of the husband and wife has legal effect, and during the existence of the marriage of the husband and wife, the marital IOU of the husband and wife shall be regarded as an agreement on the joint property of the husband and wife, which shall comply with the provisions of the law and have legal effect. At the time of divorce, the debts originally incurred by the husband and wife living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

The marital IOU of the husband and wife has legal effect, and during the existence of the marriage of the husband and wife, the marital IOU of the husband and wife shall be regarded as an agreement on the joint property of the husband and wife, which shall comply with the provisions of the law and have legal effect. At the time of divorce, the debts originally incurred by the husband and wife living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

The marital IOU of the husband and wife has legal effect, and during the existence of the marriage of the husband and wife, the IOU of the husband and wife during the marriage shall be regarded as the agreement of Changzao on the joint property of the husband and wife, which conforms to the provisions of the law and has legal effect. At the time of divorce, the debts originally incurred by the husband and wife living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned separately, it shall be repaid by the agreement between the two banks; If the agreement is not reached, the people's court shall make a judgment.

An IOU in marriage is an IOU written by a husband and wife to each other during the existence of the marital relationship, which is the creditor's rights and debts relationship between the husband and wife. China's law does not prohibit natural persons who are husband and wife from being the subject of a loan contract, and an IOU is a form of a loan contract.

1. How to write an IOU is effective.

1. The identity information of the parties must be all when writing the identity information of the borrower and the borrower, not just the name, but the ID number must be added after the name when writing the identity information, so as to accurately indicate who it is. 2. It must be proved that the loan has been delivered, and the loan contract between natural persons is a practical contract, that is, the agreement between the lender and the borrower does not make the contract effective, and the loan contract between them only takes effect if the lender actually delivers the loan to the borrower. Therefore, either the words "borrowed today" should be written on the IOU, or a separate receipt should be issued in addition to the IOU to prove that the loan has actually been delivered.

If it's a bank transfer, it's best to keep the transfer slip. 3. On the issue of statute of limitations, an IOU is different from an IOU, which itself is only a proof of the existence of a loan relationship, rather than a simple proof of creditor's rights and debts. 4. Avoid using words and phrases that are easy to cause ambiguity.

2. Is the IOU between husband and wife valid in marriage?

If the husband and wife themselves have agreed on separate ownership of marital property, or if the husband and wife have personal pre-marital property, one of them borrows money from the other party; If the money lent is the personal property of one party and an IOU is issued, then the IOU is valid with reference to the IOU lent by ordinary natural persons. The other party needs to follow up on the specific situation to return it. An IOU in marriage is an IOU written by a husband and wife to each other during the existence of the marital relationship, which is the creditor's rights and debts between the husband and wife.

3. Whether the loan contract between husband and wife is valid.

The loan contract between the husband and wife is valid. It should be determined that the marriage loan agreement between husband and wife is signed between husband and wife, that is, two equal legal subjects sign a loan agreement without fraud or coercion, and the effect of the agreement is of course valid.

Article 1065 of the Civil Code of the People's Republic of China provides that a man and a woman may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

A marital IOU has legal effect if it is made by the parties in accordance with the law. The IOU must meet the following requirements: each party has the corresponding capacity for civil conduct; The meaning of the arrears is genuine; and the content of the IOU is legal 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 on infiltration, and do not violate public order and good customs.

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.

If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest.

If the loan contract is not clear on the payment of interest, and the parties are unable to reach a supplementary agreement, the interest shall be determined according to factors such as the local area or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money between themselves, it is deemed that there is no interest.