What is the effect of the IOU that the wife wants to write when she cries, makes trouble, and hangs

First, during the existence of the relationship between husband and wife, the family property belongs to the joint property of the husband and wife, but the law stipulates that the ownership of the property can be agreed, and only the internal effect cannot be used against the third party, but if the division of property is claimed, it must be raised in the divorce proceedings, second, crying cannot constitute an impact on the validity of the contract, and the trouble depends on how to make trouble, if it is only within the family, it does not constitute it, and hanging can become coerced, if the other party sues, it can claim that the court contract can be revoked, but it is more difficult to adduce evidence, if the other party has a precedent of suicide attempt, Witness testimony from neighbor witnesses can play a probative role, otherwise, it is difficult to prove that you were forced.

When you are a husband and wife, the IOU is invalid, and the husband and wife have joint property, and you can tear up the IOU.

After the divorce, this IOU was written during the marriage, so it was also invalid.

The IOU contains a name other than your daughter-in-law, which is valid at all times.

Don't worry if you cry, make trouble, and hang yourself, the IOU is invalid, write a few more, but the borrower must write your daughter-in-law's name, others can't.

Even if you go to the IOU for justice, you still don't have to pay it back.

Generally effective. Unless you can prove that it was forced to be issued against your true intentions, this certificate is more difficult.

For example, you need to have audio and video recordings and witnesses present in court to prove that you were forced to have your fingerprint on the 、、、

It's hard to say, although I've cried, I've made trouble, it may be due to personality, if it's an occasional situation, it's acceptable, after all, everyone has a temper, if it's two ends in three days, you have to think about it, the relationship between your husband and wife, can you go on.

It depends on what you consider to be a good wife. Whether she cried and waited for a reason or was rude.

As long as you want to live a good life, you are a good wife.

It's not just a joke of crying, making trouble, hanging and telling people.

First of all, is a man a good man? Why cry and make trouble, hang yourself.

If you divide for a long time, you will be divided for a long time! Dude, do it and cherish it!

First of all, go to the police and ask the police station to intervene in the investigation, which is better than your friend who wants to cry alone and has no way, and through the deterrent power of the public security organs, maybe you can get the other party to explain the problem.

Second, the lawsuit was filed with the people's court, asking the court to confirm that the IOU was written under duress and had no legal effect. There are two purposes for this, one of which is to let the other party bring the IOU to the court and confirm that the IOU is invalid through cross-examination. Second, if the other party is afraid to take it out, the court can rule that there is no lending relationship to prove that the IOU is invalid.

After he wrote an IOU and did not coerce him, he went to the police station to report the case.

No evidence is needed.

1. Evidence must be presented to prove that there is no borrowing fact. IOUs without the fact of borrowing have no legal effect and are not protected by law;

2. The court will determine whether there is a loan relationship in combination with other evidence for the "IOU" or "receipt" with defective form, and at the same time, for the loan delivered in cash, it can comprehensively determine whether there is a legal and true creditor's rights and debts relationship between the two parties based on factors such as the delivery voucher, payment ability, transaction habits, the size of the loan amount, the relationship between the parties, and the transaction details stated by the parties;

IOUs without the fact of borrowing have no legal effect and are not protected by law;

At the same time, for loans delivered in cash, the court may comprehensively determine whether there is a legal and genuine creditor-debtor relationship between the parties based on factors such as the proof of delivery, the ability to pay, the transaction habits, the size of the loan amount, the relationship between the parties, and the details of the transaction stated by the parties.

Legal basis: The General Principles of the Civil Law, the Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation), the Several Opinions on the Trial of Lending Cases by the People's Courts, and the Notice of the Supreme People's Court on Properly Adjudicating Private Lending Dispute Cases in Accordance with Law to Promote Economic Development and Maintain Social Stability all have detailed provisions, which are recommended to be consulted.

As long as there is an agreement on the amount of the borrower and the borrower's signature, it has legal effect.

Failure to specify the repayment date can be recognized as an indefinite term loan, and the lender can request repayment at any time.

Under normal circumstances, the court should not examine the creditor's money** and economic status, and as long as there is an IOU, it should determine the creditor-debtor relationship. However, the amount of 500,000 yuan borrowed between two natural persons is quite large, and if the debtor does not approve it, the court should carefully examine it. For example, the money**, the method of delivery, and the process, if the plaintiff cannot give a reasonable explanation, it is difficult to get support.

However, the debtor should try to provide evidence to prove it, such as adducing evidence of the relationship between the two parties, the economic status of the other party, and refuting the other party's explanation.

Although it is obvious from the terms of the loan term, interest and validity period of the IOU that the loan did not occur normally, it can still be "partially supported" from a legal point of view (i.e., both parties agree that there is a loan of 500,000 yuan). Therefore, in order to deny the existence of the loan, negative evidence must be presented, otherwise it is still established.

If there is evidence to prove that there is no fact of borrowing, such as the reason for borrowing, the time and place of payment, the witness, what was said in what scene at that time, and the money was withdrawn from ** and deposited to **used**, after all, no one will put 500,000 under their bed, if there is sufficient evidence to prove it, it is invalid.

IOUs are valid.

Creditors do not need to provide any other evidence, and there are many cases of direct payment in cash these days, and China does not stipulate that large amounts of money can only be transferred by bank transfer. As long as the creditor comes up with the IOU, the debtor will definitely have to pay, and the court will award 100% according to the IOU. Unless the debtor can prove that the IOU was obtained by the creditor through illegal means, the debtor is usually unable to produce evidence.

Because 500,000 yuan is not a small amount, it cannot be delivered in cash, and it is generally a bank transfer or cash delivery after withdrawing money from the bank, so such a large amount must have a certain transfer record to confirm the fact of borrowing. Otherwise, you can defend yourself on the grounds that you did not actually receive the loan. And you can provide evidence to show that the other party has no financial conditions at all to lend you 500,000.

A word of advice: If you do too much injustice, you will kill yourself. In society, it's better not to be too ostentatious.

It has no legal effect. Because of the fact that the money was not delivered. For large loans involving hundreds of thousands or even millions of dollars, if there is no other relevant evidence except for the IOU, the court also needs to judge whether the party's claim can be established by examining the creditor's own economic strength, the relationship between the creditor and the debtor, the transaction habits and the testimony of relevant witnesses, etc., and the fact that the article alone is not enough to prove the fact of payment of the money.

The facts of private lending cases are very complex and the circumstances are different, and in the course of trial, it is necessary to analyze the specific cases in detail. In particular, when there are many contradictions between the testimony of the plaintiff, the defendant and the witnesses, it is necessary to further investigate the borrower's ability to lend and the lender's ability to repay, the cause and purpose of the loan, the time and place of the lender's delivery, and the form of delivery, and comprehensively consider factors such as the relationship between the creditor and the debtor, the transaction habits, and the credibility of the witnesses' testimony. Private lending is a practical contract, and the plaintiff should bear the burden of proof for the performance of the obligation to "provide loans", and if the defendant denies the fact of borrowing or claims that the debt has been repaid, it should bear the burden of proof for the corresponding facts.

If you don't want to pay off the non-existent debt, and you can prove that there is an illegal sexual relationship between you, and on this basis, you can prove that the loan was given for illegal reasons, then the court will generally not support the establishment of the claim.

If both parties voluntarily sign it, it has legal effect.

If it is the debtor's handwritten signature, it is valid.

IOUs are valid. However, if the liquidated damages agreed in the IOU are higher, it is recommended to pay interest at 4 times the bank's loan interest for the same period.

If you don't have any other evidence, the IOU is legally valid.

Did you pay you back? Did you go to court? Is it legally binding?

If you don't borrow money, it has no legal effect.

An IOU without the fact of borrowing is not legally valid.

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

Article 9 In any of the following circumstances, it may be deemed that the requirements for the validity of a loan contract between natural persons under Article 210 of the Contract Law are met:

1) If the payment is made in cash, from the time the borrower receives the loan;

2) Where payment is made by bank transfer, online electronic remittance or through an online loan platform, when the funds arrive in the borrower's account;

3) If the bill is delivered, the borrower shall obtain the right to the bill in accordance with the law;

4) Where the lender authorizes the borrower with the right to control a specific fund account, the borrower shall have the right to actually control the account from the time the borrower obtains the actual right to control the account;

5) When the lender provides the loan in other ways agreed with the borrower and the actual performance is completed.

Article 14. In any of the following circumstances, the people's court shall find that the private lending contract is invalid:

1) Arbitraging credit funds from financial institutions and lending them to borrowers at usurious interest, and the borrowers knew or should have known about them in advance;

2) Where funds obtained by borrowing from other enterprises or raising funds from the employees of the unit are then re-lented to the borrower for profit, and the borrower knew or should have known in advance;

3) The lender knew or should have known in advance that the borrower was borrowing money for illegal or criminal activities, but still providing the loan;

4) Violating public order and good customs;

5) Other violations of mandatory provisions on the effectiveness of laws or administrative regulations.

Contract Law of the People's Republic of China

Article 44 Effectiveness of the Contract.

A contract established in accordance with law shall take effect from the time of its establishment. Where laws and administrative regulations provide that formalities such as approval or registration shall be handled to take effect, follow those provisions.

Article 197 The form and main terms of the contract.

The loan contract shall be in written form, unless otherwise agreed upon in the loan between natural persons. The content of the loan contract includes the terms of the loan type, currency, purpose, amount, interest rate, term and repayment method.

When applying for a loan, users will encounter loan products with different repayment methods, because the interest rate is often expressed in different ways, for example: daily interest rate of 10,000%.

Fifth, the monthly rate is 1%, etc., so it is difficult to compare several products which one is more economical. The price comparison artifact launched by Money Flower can help us solve this problem. Through comparison, we can intuitively understand the details of the interest fee of the comparison product and help us make decisions.

IOU: I (borrower) I borrowed (lender) RMB (uppercase) yuan, lowercase yuan.

The term of the loan is from XX-XX-XX to XX-XX-DD, A TOTAL OF MONTHS, AND THE INTEREST RATE IS EVERY MONTH, AND ALL THE PRINCIPAL AND INTEREST WILL BE REPAID IN A LUMP SUM ON XX-XX-DD.

If the borrower repays the loan in advance, the consent of the borrower must be obtained, otherwise it will be deemed invalid.

Liability for breach of contract: If the borrower fails to repay the loan within the time limit, he shall pay liquidated damages equal to 10% of the total amount of the loan; At the same time, the lender has the right to use any assets or shares related to the borrower to recover the loan without permission, and if it needs to be resolved through the court of appeal, the borrower shall bear all additional costs incurred.

Borrower (Signature) ID Number:

Guarantor (Signature) ID Number:

Borrower's Signature:

Note: The case of the loan amount must be written to prevent it from being modified;

Interest should also be written, and if there is no interest, no interest should be written;

The liability for breach of contract should be clearly written, and the object and responsibility should be clearly written.

Everything that is in the template above must be clearly written.

1. An IOU is a unilateral certificate and a unilateral legal act.

2. Issued and signed by the borrower.

3. The IOU is a loan voucher handed over to the lender, and there can only be one copy.

In duplicate, the borrower writes,

Indicate on the official IOU, how much per year? How long is it, you can also Gavi new friends please pay back, there is an analysis of how to write the most legally valid IOUs, you can take a look.

Under the premise that the loan contract is effective, there are two legal relationships: one is the loan legal relationship between you, your husband and your parents. The loan was borrowed after your marriage, so it should be repaid by you and your husband's joint property (including the house).

The second is the inheritance legal relationship between you, your in-laws and your husband. According to the provisions of China's inheritance law, spouses, children, and parents are all first-order heirs. However, the house is the joint property of you and your husband (i.e. only half of the estate belongs to your husband).

Therefore, the mode of resolution of this dispute (in the absence of children) is:

Joint property (house + savings + other) – joint debts] divided by 2, this is your husband's estate, and the other half belongs to your legal property. Divide the result by 3 (the three first-order heirs) and you get one and your in-laws get half each.

The answer above the previous part is very clear, and I will answer the latter part. Depending on the circumstances you provide, the IOU is valid and has the force of law. At this point, I personally don't think it's possible to improve the validity of the IOU.

They can be asked to give evidence when it comes to the question of time, because we have a principle called who asserts who gives evidence.