What kind of IOUs are legally valid

Updated on society 2024-03-17
8 answers
  1. Anonymous users2024-02-06

    The standard IOU should have the following contents:

    1. The full legal names of the borrower and the lender should be clearly agreed;

    2. The amount of the loan should be clearly agreed, including the uppercase and lowercase amount;

    3. The time limit of the loan should be clearly agreed, including the start and end dates of the loan and the clear loan period;

    4. The specific date, month and date of repayment should be clearly agreed;

    5. The interest of the loan should be clearly agreed, the annual interest rate or monthly interest rate should be clearly defined, and the total amount of loan interest (including the uppercase and lowercase amount) that should be paid in the end;

    6. The date, time and payment method of repayment of the principal and interest of the loan should be clearly agreed;

    7. The signature should be signed by the borrower himself, handprint or handwriting.

    IOUs are short and concise, and are often used in daily civil and commercial activities.

    Referring to the three elements of civil legal relations (subject, object, and content), the following matters shall be paid attention to when issuing an IOU:

    1. The main body. The subject of the creditor's right and debt relationship should be clearly expressed, that is, who is the creditor and who is the debtor (note the ambiguity of the word "borrow"); When a natural person is the subject, the name on the ID card should be checked, and if conditions permit, the resident ID number should be copied on the IOU, and the signature should be pressed, preferably with fingerprints. When the legal entity is the main body, it shall be stamped with the official seal of the unit.

    2. Object. The unit of the amount should be clear, the amount should be marked with Arabic numerals and then written in traditional Chinese, and the ratio should be clear percentage, thousandth, and 10,000th.

    3. Content. Be clear and take care to avoid ambiguity. The return date should be clear, and if there is an interest agreement, it should be stated, otherwise it will be regarded as no interest according to law, and if there is a liquidated damages agreement, it should be stated.

    If there is a guarantor, the guarantor should be indicated, and the guarantor should be indicated, and the guarantor should sign and press the fingerprint.

    4. In duplicate.

    It is advisable to have two copies of the documents, 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, it is written and sealed by the debtor, borrower, and receiver, but in reality, there are many cases where the creditor, lender, and giver write and then signed by the debtor, borrower, and recipient. In this case, if the debtor, borrower, and receiver do not have the same slip in their hands, and the writer has manipulated the only remaining slip, such as adding the amount of the loan, how can the signatory defend it?

    On the other hand, if there are two identical (duplicate) documents, it will not only be futile but also emotionally hurtful.

  2. Anonymous users2024-02-05

    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, it is written and sealed by the debtor, borrower, and receiver, but in reality, there are many cases where the creditor, lender, and giver write and then signed by the debtor, borrower, and recipient.

  3. Anonymous users2024-02-04

    The general IOU can take effect, you can go to the court to file a lawsuit at any time, and go through the legal process to recover the arrears, but the IOU information is not clear, not rigorous enough may not take effect, you can go to the WeChat IOU to make up an electronic agreement, this agreement is completely legally valid, protected by law, and will be automatically arbitrated when it expires.

  4. Anonymous users2024-02-03

    Unless otherwise agreed between natural persons, IOUs shall be in writing. The content of the IOU should generally include the type of loan, currency, purpose, amount, interest rate, term and repayment method. The content is clear and specific, and there is no ambiguity.

    Legal basis: Article 668 of the Civil Code of the People's Republic of China The loan contract shall be in written form, unless there is another agreement between natural persons on the loan.

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

  5. Anonymous users2024-02-02

    Legal Analysis: IOUs have a legal balance effect. Under normal circumstances, the IOU must be signed and fingerprinted, because the law stipulates that if the parties conclude a contract in the form of a contract, they shall sign or affix a seal, and if the party Gao Xian puts his fingerprint on the contract, the people's court shall determine that it has the same legal effect as the signature or seal.

    Legal basis: 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.

    Article 680 of the Civil Code of the People's Republic of China prohibits usurious lending, and the interest rate of the loan shall not violate the relevant provisions of the State. 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 about the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local area or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money from each other, it shall be deemed to have no interest.

  6. Anonymous users2024-02-01

    Hello, the IOU lead celery has the following conditions to have legal effect: (1) the actor has the corresponding civil capacity; (2) The expression of intent is true; (3) It does not violate the mandatory provisions of laws and administrative regulations, does not violate the provisions of article 144 of public order and good customs, and does not have such a congratulatory effect for civil juristic acts carried out by persons without capacity for civil conduct, and the provisions of Article 100 of the Sen School 53 stipulate that civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid, except where the mandatory provisions do not cause the civil juristic acts to be invalid, and civil juristic acts that violate public order and good customs are invalid.

  7. Anonymous users2024-01-31

    An IOU is a written document that records the amount of money a borrower owes and when it will be repaid. Legally, an IOU can be used as evidence to prove the lending relationship between the borrower and the lender. However, in order for an IOU to be legally valid, the following requirements must be met:

    1.Clear Debt Amount: The IOU must clearly record the amount owed by the borrower to avoid any ambiguity or misunderstanding.

    2.Clear repayment period: The IOU must clearly record when the borrower is due to repay the loan to ensure that the lender will recover the loan within that period.

    3.Signature of both parties: The IOU must be signed by both the borrower and the lender to prove that both parties agree to the terms of the loan and repayment.

    4.Date of the IOU: The IOU must have a date to prove that the terms of borrowing and repayment were agreed upon at a specific time.

    5.The content of the IOU must be true and accurate: The content of the IOU must be true and accurate, and there must be no false or misleading statements.

    If the IOU meets the above requirements, then it is legally valid. However, if there are any illegal or improper terms in the IOU, or if the IOU was obtained through improper means such as fraud or threats, then it is not valid. In addition, if there is any dispute over the contents of the IOU, the court may need to interpret or investigate the IOU to determine whether it is valid or not.

    Therefore, borrowers and lenders are advised to be cautious when drafting and signing IOUs to ensure that they comply with legal requirements.

    Legal basis]:

    Civil Code of the People's Republic of China

    Article 667:A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays 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 669:When concluding a loan contract, the borrower shall, in accordance with the lender's requirements, provide the true information about the business activities and financial status of the borrower.

  8. Anonymous users2024-01-30

    Summary. Dear, hello, the IOU that expresses the true meaning of the parties and does not violate the mandatory provisions of laws and regulations, social security, and good customs is valid. According to 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 expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 153 stipulates that civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act.

    Civil juristic acts that are contrary to public order and good customs are invalid.

    Dear, hello, the IOU that expresses the true meaning of the parties and does not violate the mandatory provisions of laws and regulations, social security, and good customs is valid. According to Article 143 of the Civil Code, a civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct in the group; (2) The intention is to express the truth of the royal block; (3) Do not violate the mandatory provisions of laws and administrative laws, and do not violate public order and good customs.

    Article 153 stipulates that civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.

    Hello, dear, I will compile the following information for you: Article 143 of the Civil Code is valid for civil juristic acts that meet the following conditions: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

    Article 153:Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, this mandatory provision does not invalidate the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.

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