What is the difference between an IOU and an IOU, and who has a longer validity period.

The difference between an IOU and an IOU is:

1. The nature of IOUs and IOUs is different, and the reasons for their formation are different. The IOU proves the arrears. Arrears may be due to sales, leases, interest, etc. A loan is certainly an arrears, but an arrears is not necessarily a loan.

2. The reason for the formation of the IOU 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, and so on.

3. The statute of limitations for IOUs and IOUs that have agreed on the repayment period is the same, and both start from the expiration of the repayment period. There is a difference between an IOU and an IOU that do not have an agreed repayment period. The right holder shall claim its rights with the people's court within two years from the date of issuance of the IOU, that is to say, the statute of limitations shall be calculated from the date of issuance of the IOU if the IOU has not been performed.

For IOUs without a repayment period, the lender can request repayment from the borrower at any time, and the statute of limitations starts from the time when the right holder asserts its rights, and the validity of the IOU can be up to 20 years.

4. When the holder of the IOU files a lawsuit with the court by virtue of the IOU, since it is easier to identify and determine the facts of the loan between the parties through the IOU itself, the holder of the IOU generally only needs to simply state the facts of the loan to the judge, and it is generally difficult for the other party to defend or deny it. However, when the holder of the IOU files a lawsuit with the court on the basis of the IOU, the holder of the IOU must state to the judge the facts formed by the IOU, and if the other party denies or defends this fact, the holder of the IOU must provide further evidence to prove the existence of the fact of the formation of the IOU.

First, there is generally a flow of funds or physical goods behind IOUs, but there is no IOU. At the time of the IOU, the lender "has just", "is" or "is about to" deliver the goods or money to the borrower, and the IOU is used to confirm the fact of this "flow"; An IOU is generally the opposite state of settlement or proof of property ownership and possession, that is, the owner's things are in possession and use by the possessor, and this state already exists at the time of the IOU, and the purpose of the IOU is to confirm the existence of this state.

Second, IOUs generally have a loan period and interest, and the starting point of the calculation of the loan period and interest of the IOU is generally the date of lending, and although the IOU can also stipulate the repayment period and the legal consequences of failing to repay after the deadline, this date is generally a certain point in time after the IOU is issued.

In practice, there are many cases where IOUs are written as IOUs or vice versa, resulting in incorrect texts, which often bring unnecessary troubles to the verification of facts, the determination of legal relationships and the realization of the interests of rights holders.

Let's take a simple example. If A has a very good relationship with B, B borrows 30,000 yuan from A for emergency purposes, and B sends an IOU to A without agreeing on the repayment date, then after two years, if there is no interruption, suspension or extension of the statute of limitations, and A sues the court to demand B to repay, it will be easy for the court to find that the statute of limitations has exceeded and the right to win the lawsuit has been lost. The fundamental reason is that the creditor has the right to claim repayment from the debtor from the time the IOU is issued, and the statute of limitations begins to calculate, while the general statute of limitations period is two years, and if you claim it after two years, of course, the statute of limitations period will be lost.

If B gives A an IOU and there is no agreement on the loan period, according to Article 206 of the Contract Law, "the borrower shall return the loan within the agreed time limit." Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 61 of this Law, the borrower may return it at any time; The lender may urge the borrower to return the loan within a reasonable period of time", and Lender A claims repayment from Borrower B after two years, and the statute of limitations only begins to run from the time of its claim, at which time A sues B, and the court can of course support it in accordance with the law. Therefore, although there is a difference of one word, the difference is significant, and the result is diametrically opposite.

Writing IOUs, of course. When writing the IOU, pay attention to the person who writes it, and provide a copy of the ID card to ensure that the name is correct. In the event of a dispute in the future, it is easy to sue and assert rights.

As for what you said you wanted to prevent lawsuits, then you'd better not lend it to him. The lawsuit is based on the creditworthiness of the borrower and has nothing to do with what kind of note is written. There should be no essential difference between an IOU and an IOU, only the title is different, and the content is to state how much money A borrows from B on a certain day, and agree on the repayment period.

The IOU is not necessarily limited to the loan, but is often a settlement and confirmation of the amount owed by the two parties in the course of the transaction (such as sale).

What is the difference between an IOU and an IOU?

Legal analysis: The statute of limitations for IOUs is three years, calculated from the date of the repayment period marked on the IOU, and if a lawsuit is not filed with the court for more than three years, the court will no longer protect it. If there is no agreed time limit for repayment, the lender may demand repayment from the borrower at any time, and the statute of limitations shall be calculated from the day after the lender asserts its rights.

If the lender does not assert its rights within 20 years after the issuance of the IOU, the statute of limitations no longer commences. The statute of limitations for an IOU is also three years, and if the date of repayment of the arrears has been marked, the statute of limitations shall be calculated from the date of repayment marked on it, and if the date of repayment has not been marked, the statute of limitations shall be calculated from the day after the IOU is issued.

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, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts shall not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights on the basis of the rights holder's application.

Legal Analysis: 1. Validity Period of IOUs:

1) If the creditor has not claimed the right, the statute of limitations cannot be started.

2) Therefore, the three-year ordinary statute of limitations is calculated from the date on which the obligee asserts the right and the obligor refuses to perform the obligation.

3) If the creditor has not claimed the right, the maximum limitation period shall apply, which is 20 years from the date of occurrence of the creditor's rights and debts, and the people's court shall not protect it if it exceeds 20 years.

2. Validity period of IOU:

1) An IOU without a performance period is a settlement of past economic exchanges between the two parties, and when the debtor issues the IOU, the obligee already knows that its rights have been infringed, so the obligee should claim its rights with the people's court within two years from the date of issuance of the IOU.

2) That is, the statute of limitations is calculated from the date of issuance of an IOU that has not been fulfilled.

Legal basis: Article 675 of the Civil Code of the People's Republic of China The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.