Can a receipt be an IOU, and the difference between a receipt and an IOU

Receipts cannot be used as IOUs, and the two are fundamentally different.

Both IOUs and receipts are voucher documents, which reflect a certain economic relationship between the parties, and are provisions made by both parties in order to prove the true situation of economic and business transactions and clarify their respective rights and obligations. However, there is a fundamental difference in the legal nature of the two.

1. The legal premise of the formation of the two is different. An IOU is a creditor's right certificate issued by the debtor to the creditor when the borrower and the lender establish a relationship of rights and obligations, and its content basically has several elements of a loan contract, which is caused by the creditor's act of lending its own money and property to the debtor. The receipt is a written voucher issued by the recipient to the sender after receiving the money and goods, and it is collected by the sender's act of handing over the income and property.

2. The content of the two is different. A complete IOU shall contain the following contents: the borrower, the borrower, the amount borrowed, the time of borrowing, the time of repayment, whether there is interest and the standard for calculating interest, etc.

Juridically speaking, an IOU is essentially a simplified loan contract. The receipt generally has five elements: the sender, the recipient, the reason for the collection, the content of the receipt and the time of collection.

3. The legal relationship reflected in the IOU and the receipt is different. The IOU clearly reflects the existence of a creditor-debtor relationship between the parties, and the receipt is usually a proof of performance of obligations in law, and the receipt issued by the receiver only indicates that the sender has completed the obligation based on the law or agreed by both parties.

4. The legal effect of IOUs and receipts is different. Since the IOU is actually a simplified loan contract, the legal consequence is that a creditor-debtor relationship is established between the parties, and the borrower should return the loan or goods to the lender in accordance with the agreement, otherwise it will bear the corresponding liability for breach of contract. The receipt can only prove the fact that the payment and receipt of property occurred between the parties, but it cannot prove the existence of a creditor's right and debt relationship between the parties, that is, the receipt is not an inevitable proof of the debt.

A party cannot demand payment of the property indicated on the receipt by the other party on the basis of the receipt alone.

In certain cases, the receipt can be used as an IOU as proof. If the repayer returns the loan to the lender on time, and the lender does not find the IOU to the borrower at that time, it can only issue a receipt to prove that the loan lender has received it truthfully.

This is not necessarily, the specific problem needs to be analyzed specifically, if it is a simple private loan, the legal nature of the receipt and the IOU is the same, but it is better to still have an IOU, and it is easy not to let people make a receipt, and it is best to fix the fact of lending through bank transfer. In the case of other civil transactions, it is not possible to claim a loan relationship based on receipts alone.

It depends on the specific content on the receipt.

Legal Analysis: 1. The premise for the establishment of an IOU and a receipt is different:

An IOU is a creditor's right certificate issued by the debtor to the creditor when the borrower and the lender establish a relationship of rights and obligations.

A receipt is a written voucher issued by the recipient to the sender after receiving the money and goods.

2. IOUs and receipts have different legal properties:

The legal nature of an IOU is to establish a creditor-debtor relationship between the parties, which is legally binding on the parties, and is actually a simplified loan contract.

The receipt means the performance of a contract, and the issuance of the receipt by the parties means that the other party has completed a certain obligation established based on the law or the agreement between the parties, and cannot prove the existence of a creditor's rights and debts relationship between the parties.

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 with 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 entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.

Receipts cannot be used as IOUs. An IOU refers to a creditor's right certificate issued by the debtor to the creditor when the borrower and the lender perform their rights and obligations in accordance with the oral loan agreement. IOUs are mostly used when borrowing cash, and the lender requires the borrower to issue a joke IOU when handing over the loan to the lender to prove the fact of the loan.

A receipt refers to a voucher written to the other party when receiving money or goods from another person or unit, and it cannot be used to prove the existence of a loan relationship. Legal basis: Article 667 of the Civil Code states that a loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due.

Article 675 of the Civil Code provides that the borrower shall return the loan within the agreed time limit. If there is no agreement on the term of the loan or the agreement is not clear, and Bishengla cannot be determined 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.

A receipt is a kind of voucher written to the other party when receiving money or goods from another person or unit, and it should have legal effect, and the receipt should bear legal responsibility.

A formal "receipt", also known as a "receipt", can be issued regardless of whether money or goods are received, and the "receipt" can be used to confirm the fulfillment of a contractual obligation to pay money or goods.

The receipt is generally accompanied by a basic contract, which can be a contract in the form of a sales contract, a contract of contract, a contract of carriage, etc. The legal effect of an IOU is different from a receipt, and the purpose of an "IOU" is to confirm a loan contract relationship that has been unilaterally performed. An IOU is a simplified loan contract, the legal consequence of which is that a creditor-debtor relationship is established between the parties, and the borrower shall return the loan or goods to the lender in accordance with the agreement, otherwise it will bear the corresponding liability for breach of contract.

"Receipt" is completely different from "IOU", and a separate "sock filial piety receipt" can only prove the fact that the payment and receipt of property occurred between the parties, but cannot prove the existence of a creditor's right and debt relationship between the parties, that is, the receipt is not an inevitable proof of the debt.

In addition, in the purchase of goods or services, the party paying for the goods or fees will often ask the other party to issue an "invoice". Both "invoices" and "receipts" have legal effect, but "invoice drafts" are more formal and standardized documents than "receipts". The so-called "invoice" refers to the receipt and payment vouchers issued and received in the purchase and sale of goods, the provision or receipt of services, and other business activities.

Legal analysis: To lend money to others, the IOU must be written, and the receipt is cracked and does not need to be written. If the other party writes a standardized IOU in front of him, it has legal effect.

There is also no need to write receipts and other documents, because the function and scope of use of receipts are generally applicable to the hidden items of the collection that do not require repayment (such as receiving rent, water and electricity bills, sponsorship fees, donations to disaster areas, etc.), and are not suitable for borrowing money.

Legal basis: Article 5 of the Civil Code of the People's Republic of China: Civil entities engaging in civil activities shall follow the principle of voluntariness and establish, modify, or terminate civil legal relationships in accordance with their own wishes.