Is there a difference between an IOU and an IOU? Which one is better to write

It's better to write an IOU. An IOU is a commonly used certificate in private lending. An IOU is a certificate issued by the party (debtor) of the accounts payable after the transaction to the creditor to prove the fact of its arrears, and at the same time indicate that the issuer has the obligation to "repay the redemption" when due, reflecting the arrears relationship.

IOUs are formed for a variety of reasons, ranging from loans to other legal relationships such as sales, contracts, and labor disputes, so IOUs alone are not sufficient to prove the nature of the money in dispute. In other words, borrowing is definitely in arrears, but arrears are not necessarily borrowings. 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 fact that the IOU was formed, 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.

If you want to prove the borrowing relationship and write the IOU before or at the same time as the delivery of the loan, it is recommended to make an IOU; If you want to prove how much money the other party owes you and that you have paid the loan, it is recommended to make an IOU.

Differences:1The starting point of the statute of limitations is different:

From the time the IOU is issued, the creditor has the right to claim repayment from the debtor, and the statute of limitations begins to calculate, while the general statute of limitations period is three years, and if you claim it after three years, of course, the statute of limitations period will be lost, that is, the defendant has the right not to repay the loan. However, if there is a repayment period for an IOU, the repayment needs to be claimed within three years after the expiration date in order not to pass the statute of limitations, and if there is no repayment period, the statute of limitations is calculated from three years after the first claim for repayment.

2.The scope of application is different:

1) IOUs are applicable in many fields and have a wide range. It includes arrears arising from the borrowing relationship, as well as arrears arising from the sales relationship, arrears arising from labor and labor relations, arrears arising from damages, arrears arising from construction contracts, and ......so on

2) The scope of application of IOUs is relatively narrow, only applicable to specific borrowing facts, which is commonly found in private lending (private lending refers to the act of financing between natural persons, legal persons and unincorporated organizations. )

How to distinguish between IOUs and IOUs in reality?

If the title of the text or elsewhere in the text is written with an IOU or an IOU, and the content can prove the consistency of the corresponding name, then it can basically be assumed that the text is the same written evidence as the title or other places in the text.

If an IOU is clearly written on the title or elsewhere in the text, but does not mention the purpose of the loan, the interest, the time of borrowing, or even the words "borrow", "lend" or "lend", it cannot be identified as an IOU.

If an IOU is clearly written on the title or elsewhere in the text, but it reflects the meaning of "borrow", it will still be recognized as an "IOU", because the lender is aware of the fact of "owing", and the text is a reflection of its claim.

If neither the words "IOU" nor "IOU" appear in the text, the description of the text is used to determine whether it is an IOU or an IOU.

My colleague recommended me to use the "Sign a Note" applet to guide me to use the IOU correctly by filling in the IOU, professional lawyer template, free legal advice, and the loan can be arbitrated, which is convenient and fast, and an effective template to avoid face-to-face embarrassment.

Legal Analysis: Which is Better to Write IOUs or IOUs, and Who Has More Legal Effect Both IOUs and IOUs have legal effect. 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.

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 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.

Legal Analysis: It is better to borrow money with an IOU than an IOU. Both IOUs and IOUs are a type of debt certificate, but there is a big difference between the two.

An IOU is a written voucher issued by the borrower to the lender, which proves that the two parties have established a loan contract relationship; Arrears of collection is a settlement basis based on the settlement of previous economic exchanges between the two parties, which is actually the settlement of past economic exchanges between the two parties, which only represents a pure creditor-debtor relationship, and does not represent a loan contract relationship. Therefore, it is advisable to write "IOU" rather than "IOU" when borrowing.

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

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

Article 580:Where one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances: (1) it is legally or factually impossible to perform; (2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive; (3) The creditor fails to request performance within a reasonable period of time. Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the contractual rights and obligations, but this does not affect the assumption of liability for breach of contract.

1. The IOU proves the borrowing relationship, and the borrowing is mainly generated by the borrowing; A debt proves the debt relationship, and the debt may be due to the sale, lease, interest, etc. A loan is certainly a debt, but a debt is not necessarily a loan. IOUs are usually used to write IOUs when buying goods or products because you can't pay someone else's money or pay in full; The money and things borrowed from other people or units will not be repaid at that time, or all of them will not be repaid, and some of them will be in arrears.

At this time, you need to write an IOU; Borrowing personal or public money and things, and writing a voucher afterwards can also be called an IOU.

Second, the statute of limitations is different. Where the IOU or IOU stipulates a repayment date, the statute of limitations shall be calculated from the date of expiration; If there is no agreement, the statute of limitations for the white slip shall be calculated from the date on which the creditor knows or should have known that the rights and interests have been damaged, while the white strip shall be calculated from the date on which the arrears are formed.

3.The reason for the formation of IOUs is the specific fact of borrowing. There are many reasons for the formation of arrears, which can be based on various facts, such as arrears in sales and sales, arrears in labor services, arrears in enterprise contracting, arrears in damages, and so on.

Legal basis: Article 675 of the Civil Code stipulates that the borrower shall repay 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 urge the borrower to repay the loan within a reasonable period of time.

In order to clarify the legal relationship between the two parties, an IOU should be written. 1.In terms of legal relationship, an IOU is a legal relationship that arises based on the amount owed, and an IOU is a legal relationship that arises based on a loan.

In short, borrowing must be in arrears; Arrears are not necessarily borrowings. 2.In terms of debt relationship, borrowing is mainly due to borrowing and borrowing to create a debt Chaqing travel relationship; The arrears can be due to a variety of legal relationships such as lending, trading, transportation, custody and other legal relationships.

3.In terms of the time limit for legal proceedings, the most controversial issue in law is the issue of the statute of limitations. If both agree on a repayment period, the IOU and the IOU are the same in terms of statute of limitations.

4.In terms of capital flow, there is generally a flow of funds or physical goods behind the IOU, while the IOU does not.

Write an IOU. The nature of an IOU and an IOU is different, with an IOU proving the borrowing relationship and an IOU proving the arrears. A loan is certainly an arrears, but an arrears is not necessarily a loan.

Borrowing is mainly due to borrowing, while arrears may be due to sales, leases, interest, etc.

The difference between an IOU and an IOU is as follows:

1. Common points: IOUs and IOUs, both of which are some kind of procedures, certificates, and evidence;

2. Difference: The IOU is to prove the relationship between the borrower and the liquid, and the IOU is to prove the arrears relationship of dust. From the perspective of reflecting the creditor's rights and debts, the two are common, and the two can be popularly understood as the species relationship, the IOU is a genus concept and a big concept, and the IOU is a kind of concept and a small concept.

That is to say, the loan must be in arrears, and the arrears are not necessarily loans;

3. The so-called issue of the "validity" of IOUs and IOUs actually refers to the evidentiary effect of IOUs and IOUs, that is, the issue of the validity of IOUs and IOUs in proving the facts of a certain creditor's rights and debts. In addition to the fact that IOUs and IOUs can both reflect certain creditor's rights and debts, they are certainly different from each other in terms of their external expressions, connotations, and reasons, but they cannot simply compare their evidentiary effect, and then draw a conclusion about which is greater or less.

Legal basisArticle 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 with interest.