Is an IOU valid for life? Is an IOU valid for life

How long is an IOU valid for?

Whether the IOU has the legal effect of Huaiqi can be determined from three aspects: first, whether there is a real fact of arrears between the two parties; second, whether the writing of the IOU is standardized; Third, whether the content of the IOU violates the law and infringes upon the legitimate rights and interests of others. The IOU should be written with the following contents:

First, the identity information of both the debtor and the creditor; The amount of money owed and the purpose of the arrears; third, whether interest is paid; fourth, whether the repayment date has been agreed; Fifth, the debtor's signature confirmation; Sixth, the time when the IOU was written.

Article 143 of the Civil Code of the People's Republic of China is valid for a civil juristic act that meets 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 469 of the Civil Code of the People's Republic of China provides that when parties conclude a contract, they may use written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed. Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

IOUs are not valid for life. If the IOU does not stipulate the time for repayment, the creditor may claim the creditor's right at any time, and the statute of limitations shall run from the time when the debtor refuses to repay, and the maximum statute of limitations shall not exceed 20 years. If a repayment period is agreed, the IOU is limited to three years after the expiration of the repayment date.

Article 188 of the General Provisions of the Civil Law stipulates that the statute of limitations for filing a request for protection of civil rights with the people's court is three years. Where the law provides otherwise, follow those provisions. 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 will not protect them; Where there are special circumstances, the people's court may decide to extend the extension on the basis of the right holder's application.

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According to your question [Is the IOU valid for a long time] The following is the result of my analysis for you from a legal point of view: the IOU has no expiration date, but there is a statute of limitations for arrears disputes, and the statute of limitations is three years, which is calculated from the date when the right holder knows or should know that its rights have been damaged and the obligor, but if the rights are damaged for more than 20 years, the people's court will no longer protect them, and there are special circumstances that can apply for an extension.

Is the IOU valid for a long time.

Hello, it's my pleasure to answer your <>

According to your question [Is the IOU valid for a long time] The following is the result of my analysis for you from a legal perspective: the IOU has no expiration date, but there is a statute of limitations for arrears disputes, and the statute of limitations for Xiangying is three years for Qi Yanhe, which is calculated from the date when the right holder knows or should know that its rights have been damaged and the obligor, but if the rights are damaged for more than 20 years, the people's court will no longer protect them, and those with special circumstances can apply for an extension.

Legal basis: Article 118 of the Civil Code Civil subjects enjoy creditor's rights in accordance with law. A creditor's right is the right of the obligee to request a specific obligor to do or not to do a certain act due to contract, tort, management without cause, unjust enrichment, and the lead and other provisions of the law.

Article 188:[Ordinary Statute of Limitations, Longest Period for Protection of Rights]The statute of limitations period for requesting protection of civil rights from the people's court is three years. Where the law has long since provided otherwise, follow those provisions. The statute of limitations period for litigation 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, if more than 20 years have elapsed since the date on which the rights have been infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

An IOU is valid for a long time if it is established in accordance with the law. The statute of limitations for an IOU is three years, which is calculated from the date on which the right holder knows or should have known that the right has been damaged and the obligor; In the case of an IOU for instalment repayment, it is calculated from the date of expiration of the last instalment performance period.

Article 108 of the General Principles of the Civil Law of the People's Republic of China [Repayment of Debts] Debts shall be repaid. If it is temporarily unable to repay, with the consent of the creditor or the ruling of the people's court, the debtor may repay the debt in installments. and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment.

Legal analysis: 1. The IOU is the legal certificate of the arrears, and the law does not make mandatory provisions on the format of the IOU, so the IOU is valid as long as the main content such as the debtor and the amount are stated. The repayment time is not a necessary part of the IOU, and the failure to specify the repayment time does not affect the legal validity of the IOU, so the IOU without the repayment time is valid.

2. For IOUs without an agreed repayment time, the creditor can claim rights at any time, and the debtor shall repay the loan according to the creditor's request.

3. The validity period of the IOU, or the limitation period, is three years, calculated from the date on which the right holder knows or should know that the right has been infringed. For IOUs without an agreed repayment time, the time of repayment promised by the debtor, or the time when the debtor refuses to repay, is the time when the creditor's rights are infringed, and the statute of limitations shall be calculated from this time. The statute of limitations is three years from the time of repayment promised by the debtor or the time when the debtor refuses to repay, which is the validity period of the IOU.

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, in accordance with the requirements of the lender, provide the true information about the business activities and financial status related to the loan.

Legal Analysis: IOUs are still valid. The validity period of the IOU is also the statute of limitations, and there are usually two kinds of Lu Hanqi, the one with a repayment date is within three years from the date of expiration of the repayment date, and the one without a specific repayment date is within 20 years from the date of borrowing.

Legal basis: Article 188 of the Civil Code of the People's Republic of China The statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

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, if more than 20 years have elapsed since the date on which the rights were infringed, the people's court shall not grant protection, and if there are special circumstances, the people's court may decide to extend the application of the right elder orange liren.

Multi-year IOUs are valid. If the statute of limitations has passed, it is necessary to reinforce the evidence.

If the period of time is too long, more than 20 years, and no claims have been asserted in the middle, it may be invalid.

[Legal Analysis].

The statute of limitations for IOUs where the law does not specify the date of settlement of arrears is 2 years. However, the law also stipulates that the statute of limitations for IOUs without an indication of the date of repayment is 20 years. IOUs are also different from IOUs in the legal sense.

The IOU is a kind of loan fact that proves the loan contract relationship and is the basis for the borrower to issue a loan fact to the lender when the lender delivers the loan to the borrower. The IOU should state the name of the lender, the amount borrowed (in upper and lower case), the signature or seal of the borrower, and the date of issuance of the IOU. If there is an interest-bearing loan, it is also necessary to indicate the repayment method, the calculation method of interest, the liability for default, etc.

Legal basis] Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases

Article 3 Where the borrower and the borrower have not agreed on the place of performance of the contract or the agreement is not clear, and have not reached a supplementary agreement afterwards, and cannot be determined in accordance with the relevant terms of the contract or trading customs, the place where the party receiving the currency is located shall be the place where the contract is performed.

Article 4 Where the guarantor provides a joint and several liability guarantee for the borrower, and the lender only sues the borrower, the people's court may not add the guarantor as a co-defendant; Where the lender only sues the guarantor, the people's court may add the borrower as a co-defendant. Where the guarantor provides a general guarantee to the borrower, and the lender only sues the guarantor, the people's court shall add the borrower as a co-defendant; Where the lender only sues the borrower, the people's court may not add the guarantor as a co-defendant.