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The statute of limitations for IOUs without an agreed repayment period is calculated from the date on which the creditor claims the creditor's rights, and the statute of limitations is 2 years, and if the repayment period is agreed, the statute of limitations is valid for two years after the repayment is due.
Article 137:The statute of limitations period is calculated from the time when you know or should have known that your rights have been infringed. However, if 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 extend the statute of limitations.
Article 62 (4): If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, provided that the other party shall be given the necessary time to prepare.
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Legal analysis: It is better not to write the repayment date in the IOU. If the repayment date is not written, the repayment can be requested at any time, and there is no rough time limit for litigation.
The time limit for writing the date of repayment is two years from the day after the date of your request, and the time limit is two years, and the time limit for action is counted from the day after that date.
Legal basis: Article 675 of the Civil Code of the People's Republic of China The borrower shall return 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 demand the borrower to return it within a reasonable period of time.
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The IOU should be accompanied by a repayment date. It is also possible not to write the repayment date, which affects the statute of limitations of the IOU. Traces of the sail stupid do not have a repayment date when the IOU is valid.
However, if there is a time limit, the statute of limitations for IOUs is three years, calculated from the expiration of the time limit for repayment of creditor's rights. If there is no agreed repayment period, the statute of limitations shall be calculated from the first time the creditor requests the debtor to repay.
Legal basis] Article 188 of the Civil Code stipulates that the statute of limitations for filing a request to the people's court for the 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 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.
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It is better not to have the repayment date in the IOU.
1. If the IOU has a repayment period, the loan must be repaid before the repayment deadline stipulated in the IOU, and the creditor has no right to require the borrower to repay the loan in advance before the maturity.
2. If the IOU does not stipulate a specific repayment date, the creditor can request the borrower to repay the loan at any time.
3. Loans with specific repayment periods.
The time when an IOU is formed is usually when the debt traveler writes the IOU. The agreement on this time should also be specific to the year, month and day. In practice, the debtor often intentionally or unintentionally omits this date, or only writes part of the year, month and day.
If the debtor only states June 25. Although this time is clear to the creditor and debtor at the time of writing the IOU, it is inevitable that disputes will arise over the time when the IOU is formed. However, the uncertainty of the time when the IOU was formed may make it difficult to calculate the statute of limitations.
Creditors may have to face the legal question of whether the IOU has expired. Although it is possible to determine the date of formation of the document by means of physical evidence, this is not absolutely reliable and will increase the costs of the parties.
If there is no agreed repayment period, the borrower may return it at any time, and the lender may request it to be returned at any time.
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<> legal analysis: It is better not to write the date of repayment of the payment in the IOU. If the repayment date is not written, the repayment can be requested at any time, and there is no time limit for litigation.
The time limit for writing the repayment date is two years from the day after the date of your request, and the time limit is two years, and the time limit for litigation is counted from the day after that date.
Legal basis: Article 670 of the Civil Code of the People's Republic of China shall return 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 demand the borrower to return it within a reasonable period of time.
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Legal analysis: the IOU does not have a repayment date or the IOU does not have a repayment date, which does not actually affect the legal effect of the IOU or IOU, nor does it have any impact on the formation of creditor's rights and debts. However, if the IOU does not have a repayment date or the IOU does not have a repayment date, it will have an impact on the calculation of the statute of limitations under the law, mainly because the IOU written by the other party due to the lack of money to pay after one party performs the contract and the IOU written by one party without a repayment period when the loan contract is concluded, the statute of limitations is different.
Legal basis: Article 675 of the Civil Code of the People's Republic of China The borrower shall return 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 return the lift within a reasonable period of time.
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