Are privately signed IOUs protected by law?

Updated on society 2024-03-05
8 answers
  1. Anonymous users2024-02-06

    Of course, it is protected by the law, negotiate first, and then inform your relatives that you are going to the court to sue, if you really don't listen, you will sue in the people's court for civil litigation for recovery.

  2. Anonymous users2024-02-05

    The IOU itself is protected by law, but if you do not claim repayment from the other party after the statute of limitations, it is not protected by law.

  3. Anonymous users2024-02-04

    The basic contents of the IOU include: the name of the creditor, the amount of the loan (in local and foreign currencies), the calculation of interest, the time of repayment, the penalty for default (delay in repayment), the method of dispute resolution, as well as the name of the debtor, the date of the loan, and other elements. As long as the name of the creditor, the amount of the loan, the name of the debtor and the date of the loan are met, and the main conditions of the IOU are met, it will have legal effect.

    Once a dispute arises, it can be used as evidence to claim the creditor's rights from the people's court, and the people's court will also accept it. Plus, you can borrow money with money instead of IOUs. This answer is provided by Youqianhua, which is a credit service brand under Du Xiaoman Finance (formerly Finance), with a reliable interest rate and low interest rate, click below on the mobile phone to measure the amount immediately, and the maximum amount of borrowing is 200,000.

  4. Anonymous users2024-02-03

    Legal Analysis: IOUs are protected by law, but coarse IOUs are not protected by law. 1. When borrowing money, if you know that the other party will use it for illegal activities, do not praise the other party when borrowing money.

    According to the laws of our country, the loan is not protected by law. In the event that the other party does not repay the money, it cannot be protected through litigation. 2. Second, for IOUs with a repayment period, it is necessary to claim rights within two years after the expiration of the repayment period, that is, to file a lawsuit with the people's court.

    Legal basis: Article 143 of the Civil Code of the People's Republic of China A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity to act as the head of the civil line; (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.

  5. Anonymous users2024-02-02

    Legal analysis: If the IOU is signed by the borrower and confirmed by his fingerprint, it has legal effect and is protected by law. If the borrower refuses to repay the loan, the lender may file a civil lawsuit with the people's court to protect its rights in accordance with the law.

    Legal basis: 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 in the loan contract on the payment of interest, 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 between themselves, it is deemed that there is no interest.

  6. Anonymous users2024-02-01

    IOUs written by individuals will be protected by law as long as they meet the requirements for the establishment and effectiveness of a civil or splitting legal act. Source.

    Legal basis: Article 143 (1) of the Civil Code: 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.

  7. Anonymous users2024-01-31

    Legal analysis: Private IOUs are protected by law, but they must meet the requirements for the establishment and effectiveness of civil juristic acts, such as: the actor has the corresponding capacity for civil conduct, the expression of intent is true, and it is not illegal.

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

    Article 143:Civil juristic acts that meet the following requirements 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 144:Civil juristic acts carried out by persons lacking capacity for civil conduct are invalid.

    Article 145:Civil juristic acts carried out by persons with limited capacity for civil conduct that are purely for the benefit of the individual, or civil juristic acts appropriate to their age, intelligence, or mental health are valid; Other civil juristic acts carried out are effective after being approved or recognized by the legally-prescribed person. The counterpart may urge the legally-prescribed person to make a retrospective recognition within 30 days from the date of receipt of the notice. If the statutory ** person does not make an expression, it shall be deemed to be a refusal to recognize.

    Before the civil juristic act is recognized, the bona fide counterparty has the right to revoke it. The revocation shall be made by way of notification.

  8. Anonymous users2024-01-30

    Signing an empty IOU is generally not protected by law, and the IOU must have important contents such as the type of loan, currency, purpose, amount, interest rate, term and repayment method, and it is concluded by the parties in accordance with the law before it has legal effect.

    [Legal basis].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) Yihuai Hongsi means true;

    3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

    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.

Related questions
8 answers2024-03-05

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

9 answers2024-03-05

The Federal Reserve can be understood as a private company, and the shareholders of the Federal Reserve are all large listed banks, because the shares are not sold to the public, and there are not many legal persons who hold the equity of the Federal Reserve, so it is called a private company. For example, China's nuclear industry construction company also has few shareholders and is not listed, so it can also be regarded as a private company. >>>More

16 answers2024-03-05

According to the laws of our country, if the IOU does not contain a repayment period, the statute of limitations is three years. Under the same conditions, the maximum time limit for an IOU is 20 years. At the same time, the statute of limitations can also be interrupted and extended.

16 answers2024-03-05

IOUs and IOUs are both creditor's rights certificates, and their legal effect is not high or low, but the facts cannot be confused.

9 answers2024-03-05

The Interim Measures for the Administration of the Refined Oil Market stipulates that citizens, legal persons or other organizations that engage in refined oil business activities without the permission of the competent administrative department of commerce shall be stopped by the local administrative department of commerce in conjunction with the relevant departments and shall be given administrative penalties. >>>More