Can an IOU be converted into an IOU, and can an IOU be converted into an IOU

IOUs are formed for a variety of reasons, which can arise based on different legal relationships and facts. An IOU is usually used in the following situations: (1) When purchasing an item or acquiring a product, it is necessary to write an IOU because it is impossible to pay or cannot pay the full amount of the person else.

2) If you borrow money or property from another person or unit, you can't return it at that time, or you can't return it in full, and some of it is in arrears, so you need to write an IOU. (3) Vouchers that have been borrowed from individuals or public officials and are supplemented afterwards can also be called IOUs. Because of the diversity, non-specificity and complexity of the causes of IOUs, it is easy to cause objections and arguments from the other party and entangle the parties.

The IOU is generally formed by the fact of a specific loan, which reflects the specific legal relationship of the two parties, and then reflects the fact that the two parties have formed a creditor's rights and debts relationship in which one party owes the other party based on the legal relationship and facts of the loan. If there is a real fact of borrowing, and it was originally written as an IOU, and now it is to be rewritten as an IOU, a standardized and rigorous IOU should be rewritten. Do not change the original IOU directly to an IOU to prevent disputes or misunderstandings in the future.

An IOU is a voucher written by an individual or unit to a relevant unit or individual when it owes money or goods. IOUs are also known today as "white slips". IOUs are also common in daily life to prove that one party owes the other party property, a kind of voucher application style.

An IOU is an IOU that is written to a person or a public person when they borrow cash or goods from the other party. After the money and property are returned, the slip maker takes back the slip, which is invalid or torn. It is a voucher instrument.

It is usually used in daily life as well as in business management. From a legal point of view, an IOU is a written document indicating the creditor-debtor relationship, which is generally written and signed by the debtor, indicating that the debtor has owed the debt of the amount specified in the creditor's IOU.

There is a clear difference between an IOU and an IOU:

1) The reasons for the formation are different. The reason for the formation of an IOU is a specific fact of borrowing; There are many reasons for the formation of IOUs, which can be based on a variety of facts, such as arrears arising from facts such as sales, labor services, and enterprise contracting. The legal consequences are different.

2) The statute of limitations is different. The statute of limitations for IOUs and IOUs with an agreed repayment period is the same, but there is a difference between the statute of limitations for IOUs and IOUs without an agreed repayment period. For IOUs without an agreed repayment period, the lender may request repayment from the borrower at any time, and the statute of limitations shall be calculated from the time when the right holder asserts its rights, and the validity of the IOU shall be up to 20 years; If there is no agreed time limit for performance, the statute of limitations shall be calculated from the date of issuance of the IOU, and the right holder shall claim rights with the people's court within two years from the date of issuance of the IOU.

3) The burden of proof is different. Generally, the holder of the IOU only needs to briefly state the facts of the loan to the judge; The holder of the IOU must state to the judge the fact that the IOU was formed, and if the other party denies it, the holder of the IOU must provide further evidence to prove the fact that the IOU was formed.

The act itself reflects the subjective non-bona fide of the creditor. A loan is certainly an arrears, but an arrears are not necessarily a loan. In daily life, although the phenomenon of using "IOUs" instead of "IOUs" to preserve the loan relationship occurs from time to time, on the contrary, the act of using "IOUs" to preserve "IOUs" debts is obviously contrary to common sense.

"Borrowing new to repay the old", also known as "repaying the loan with a loan", is a kind of fixed and flexible measure of creditor's rights of banking financial institutions in order to reduce non-performing loans, preserve the statute of limitations, and revitalize credit assets, that is, for loans that cannot be repaid when due, banks usually sign loan contracts with lenders again, and repay part or all of the old loans with the new loans.

The main change is that the borrower and borrower have reached a new agreement on the extension of the repayment period. Since the agreement often weakens the risk of the spot loan and conceals the borrower's actual ability to perform the contract, in consideration of the unilateral and gratuitous nature of a typical guarantee contract, in order to maintain the security of the transaction and avoid unfair infringement of the reasonable trust of the guarantor as a subordinate debtor, the expected or contingent debt becomes a spot debt, and since the debt, the first paragraph of Article 39 of the Judicial Interpretation of the Security Law adopts the principle of equity, follows the principle of good faith and does not increase the burden on the guarantor, and negates such risk transfer behavior of the creditor. The creditor shall be subject to the legal obligation to disclose the fact of "borrowing the new to repay the old" in the main contract and the corresponding proof consequences, otherwise the guarantor shall be exempted from liability according to law.

Yes, as long as both parties agree.

If an IOU is formed because of a loan relationship, it can be changed to an IOU. However, it can only be changed to an IOU after the debtor and the lender agree and clearly change the content, and the IOU must have the type of loan, currency, purpose, amount, interest rate, etc. Legal basis:

Article 543 of the Civil Code may modify the contract if the bridge operator reaches a consensus through consultation. Article 544:Where the parties are not clear about the content of the contract modification, it is presumed that the contract has not been changed. 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.

Legal basis:Article 500 of the Civil Code of the People's Republic of China [Agreement to modify the contract] The parties may change the contract if they reach a consensus through consultation.

Article 544 of the Civil Code of the People's Republic of China [Unclear change is presumed to be unchanged] Where the parties agree on the content of the contract modification is not clear, it is presumed that it has not been changed.

Article 668 of the Civil Code of the People's Republic of China [Form and Content of Loan 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 generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

An IOU cannot be converted into an IOU. An IOU is a voucher written by an individual or unit to a relevant unit or individual when it owes money or goods. An IOU is a written document indicating the creditor's rights and debts, which is generally written and signed by the debtor, indicating that the debtor has owed the creditor the amount indicated in the IOU.

1. The law provides for the distinction between IOUs and IOUs.

The main legal difference between an IOU and an IOU is that the reason for the IOU is borrowing, and the reason for the IOU is buying and selling. In the case of leases, an IOU is a certificate indicating that the lender has lent something or a certain amount of money to the borrower, and an IOU is a certificate issued by the debtor indicating that it owes the creditor something or a certain amount of money.

2. Which is valid, IOU or IOU.

There is no difference between an IOU and an IOU, and if there is no repayment date, the statute of limitations period for an IOU should start from the date you know the other party is not repaying, but the maximum protection period is 20 years. Both IOUs and IOUs are written documents indicating the creditor-debtor relationship, which are written, signed and sealed by the debtor and handed over to the creditor, indicating that the debtor has owed the debt of the amount specified in the creditor's IOU.

3. How to write a formal IOU to have legal effect.

An IOU is a written document indicating the creditor-debtor relationship, which is generally written and signed by the debtor, indicating that the debtor has imitated the debt owed to the creditor by the amount indicated in the IOU. However, it is not necessary that all IOUs have legal effect. A valid IOU should be written in accordance with the following conditions:

1. The parties have the corresponding capacity for civil conduct.

2. The act of writing an IOU truly reflects its inner effect.

3. The content of the IOU is clear. It basically includes: the name of the creditor, the amount of the loan, the calculation of interest, the time of repayment, the penalty for default (delay in repayment), the way to resolve the dispute, as well as the name of the debtor, the date of the loan and other elements.

4. Do not violate the mandatory provisions of laws and regulations and the public interest.

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.

Legal analysis: Loan and IOU are two different kinds of written documents, if there is a real fact of lending, the original written IOU, now rewritten as an IOU, need to write a new standardized, rigorous IOU.

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

Article 543: The parties may modify the contract by consensus.

Article 695:Where the creditor and the debtor negotiate to change the content of the principal creditor's rights and debts contract without the written consent of the guarantor to reduce the debt, the guarantor shall still bear the guarantee liability for the modified debt; If the debt is aggravated, the guarantor shall not be liable for the aggravated part. If the performance period of the creditor's rights and debts contract is not agreed by the guarantor in writing, the guarantee period shall not be affected.