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China's Contract Law stipulates that "the loan contract shall be in written form, unless otherwise agreed upon in the loan between natural persons, and the content of the loan contract shall include the type, currency, purpose, amount, interest rate, term and repayment method of the loan" and "the loan contract between natural persons shall take effect when the lender provides the money".
1. The borrower's name, ID number, and address. There are more people with the same name and surname in China, but there are not many duplicate ID numbers, and there are basically no people with the same address. This clarifies the borrower.
2. The name and ID number of the lender. Although you are a lender, it is best to write your name and other information when writing an IOU, so as not to hinder the presentation of evidence at a later stage. If the other party does not say anything about the debt, it is not good for the judicial department to have doubts about this contract.
3. Amount (upper and lowercase). This is very important, if the other party only borrows 10,000 yuan from you, you add a dollar, or add a few zeros, add a decimal point, it is risky for the later stage, so write the amount in high case and currency. So as not to cause controversy by not seeing clearly.
4. Repayment period. The repayment period can fulfill the borrower's responsibilities and also give the other party a deadline so that the other party can repay the money as soon as possible. It also avoids early debt collection by lenders.
5. Interest, if the relationship is good, you can not write. Represents a loan with no interest. However, if it is purely agreed, it is necessary to write the agreed interest. The time value of money, now there are very few interest-free borrowings.
6. Repayment method. How to repay, installment or one-time repayment of principal and interest or equal repayment of principal and interest. This relates to the present value of the overall cost of the loan.
7. The final payment, the borrower's signature, the complete date, place, and stamped touch. If you are married, you need to sign it together.
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It is valid as long as it is signed by the parties.
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Hello, such a document has legal effect. However, it is better to use a special receipt and not modify the receipt.
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(1) Title, the title of the IOU is generally composed of the name of the text, that is, the word "IOU" is written in a larger font in the middle of the upper part of the text. There are also the words "Temporarily Owed" or "Owed" written in this position as the title, but the body of the title is written in the top box of the next line. (2) The main text, the body of the IOU should clearly state what person or unit, what is there, and how much it is owed, and the date of repayment should be indicated.
3) Payment, the name of the debtor's unit and the handwritten signature of the person handling the payment should be signed, and the name of the individual who signed the debtor's IOU issued by an individual shall be signed. and the date of the IOU. The official seal should be affixed to the unit, and the private seal should be affixed to the individual.
Article 668 of the Civil Code of the People's Republic of China?
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.
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1. How to make an IOU to have legal effect.
1) The full legal names of the debtor and the creditor;
2) the specific time and reason for the arrears;
3) the amount owed, both uppercase and lowercase;
4) the specific time of repayment and the payer;
5) Finally, the arrears shall be signed, stamped or fingerprinted.
2. Legal basis: In accordance with Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases.
When a lender initiates a private lending lawsuit with a people's court, it shall provide proof of creditor's rights such as IOUs, receipts, and IOUs, as well as other evidence that can prove the existence of a legal relationship between the lenders. Where the creditor's rights vouchers such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the parties holding the creditor's rights vouchers file a private lending lawsuit, the people's court shall accept it. Where the defendant raises a factual defense against the plaintiff's creditor qualifications, and the people's court finds that the plaintiff does not have the creditor qualifications upon review, it rules to dismiss the lawsuit.
2. How to write a formal IOU to have legal effect?
1. The borrower's name, ID number, and address. The borrower is an individual and must sign in person, and the legal validity of an IOU signed by someone else will be disputed. For example, Zhang San borrowed money to sign Li Si's name, which will bring legal trouble to the lender.
2. The name of the borrower: the full name is required to be written, which is consistent with the ID card, and it is best not to write the code names of Sister Zhang, Brother Li, etc., so as not to have obstacles when claiming creditor's rights.
3. Write down the amount of the loan: for example, how much RMB is in RMB, write it separately in uppercase and lowercase form, and the lowercase and uppercase amount should be consistent, so as to avoid disputes over the amount that is not clear and unclear.
4. Repayment period: There are pros and cons to the agreement on the repayment period. Write down the repayment period: Pros: After the creditor expires, it is logical to ask the debtor for repayment. Disadvantages: Creditors must pay attention to the statute of limitations.
5. Interest: For private loans, if there is an agreed interest rate, it shall be performed in accordance with the agreement between the two parties, and if there is no agreement on the macro interest rate, it shall be regarded as an interest-free loan. Before the date on which the creditor claims to repay the loan and pay the interest, the people's court generally does not support the recovery of the interest during this period of normal loan term.
6. Repayment method: whether it is a one-time repayment of principal and interest, or repayment of principal and interest in installments, and how much to repay in what period, need to be clearly written.
7. Payment: The borrower signs and the guarantor signs the index finger and prints, and the full date (year, month and day) should be written at the same time.
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1.The full legal names of the borrower and lender should be clearly stated;
2.The amount borrowed should be clearly written, including the amount in uppercase and lowercase;
3.The time limit of the loan should be clearly written, including the start and end dates of the loan and the clear term of the loan;
4.The purpose of the loan should be clearly stated;
5.The specific date, month and date of repayment should be clearly stated;
6.The interest on the loan should be clearly stated, the annual interest rate or monthly interest rate should be clearly stated, and the total amount of interest on the loan (including uppercase and lowercase amounts) should be paid in the end;
7.The date, time and payment method for repayment of principal and interest of the loan should be clearly written;
8.There should be a signature of the borrower himself, handprint or handwriting.
1. How to write a private loan IOU to be effective.
1. The full legal names of the borrower and the lender should be clearly written;
2. The amount of the loan should be clearly written, including the uppercase and lowercase amount;
3. The time limit of the loan should be clearly written, including the start and end date of the loan and the clear loan period;
4. The specific date, month and date of repayment should be clearly written;
5. The interest of the loan should be clearly written, there should be a clear annual interest rate or monthly interest rate, and the total amount of loan interest (including uppercase and lowercase amounts) that should be paid in the end;
6. The date, time and payment method of repayment of the principal and interest of the loan should be clearly written;
7. There should be a signature, handprint or handwritten signature of the borrower himself.
2. How to write an IOU to be effective.
1. Li Peng should clearly write the full legal names of the borrower and the lender;
2. The amount of the loan should be clearly written, including the uppercase and lowercase amount;
3. The time limit of the loan should be clearly written, including the start and end date of the loan and the clear loan period;
4. The specific date, month and date of repayment should be clearly written;
5. The interest of the loan should be clearly written, there should be a clear annual interest rate or monthly interest rate, and the total amount of loan interest (including uppercase and lowercase amounts) that should be paid in the end;
6. The date, date and payment method of repayment of the principal and interest of the loan should be clearly written;
7. There should be a signature or seal, handprint or handwritten signature of the borrower.
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In general, an IOU consists of three parts: the title, the body and the payment. The title of the IOU is generally composed of the name of the text, that is, the two words IOU are written in a relatively large font in the middle of the upper part of the text. The body of the IOU should clearly state who or what unit is owed, what is the quantity, and the date of repayment.
The name of the debtor's unit and the handwritten signature of the person handling the IOU should also be signed on the IOU, and the name of the debtor should be signed on the IOU issued by an individual. An IOU written in this way is legally valid.
1. How to write an IOU.
IOU format: An IOU is generally composed of three parts: title, body and payment. The requirements are as follows:
1. The title of the IOU is generally composed of the name of the text, that is, the IOU is written in a larger font in the middle of the upper part of the text. Some people write the word "temporarily owed" or "owed" in this position as the title, but the body of the title is written in the top box of the next line;
2. The body of the IOU shall indicate the debtor, unit, quantity, and repayment date;
3. Sign the name of the debtor's unit and the handwritten signature of the handler, and the IOU issued by the individual needs to sign the debtor's personal name. The date on which the IOU was signed at the same time. The unit shall be stamped with the official seal, and the individual shall be stamped with the private seal.
Preferably in duplicate, signed by both parties; Write clearly in currency, write clearly in capitalization, and write clearly in the necessary handwriting.
2. How to write a garage transfer receipt.
A complete receipt should usually consist of three parts: title, text, and payment. (1) Title. The title is written in the middle of the upper part of the text, and the font is slightly larger.
There are two ways to write the title, one is to directly form the name of the text, and the other is to use the first three words of the text as the title, and the text is written from the top of the second line. (2) Text. The text should generally indicate the following contents, that is, the amount of money and goods received, the type and specifications of the goods, etc.
If it is money received, also write the reason for receiving the money. (3) Payment.
The name of the person or unit receiving the money or goods is generally required to be written, the specific date of receipt is signed, and the official seal is generally affixed. If it is handled by someone, the words "handling person:" should be signed before the name.
If it is collected on behalf of others, the words "collection person:" should be added before the name.
China's law clearly stipulates that the limitation period for IOUs is three years, and for IOUs that have indicated the date of performance of the arrears, the limitation period shall be calculated from the date on which the date of repayment of the arrears is indicated, and for the IOUs that have not indicated the date of performance of the arrears, the limitation period shall be calculated from the day after the debtor issues the IOUs.
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[Legal Analysis].As long as the reason and amount of arrears are clearly written, the debtor's signature will have legal effect. Who owes whom, the beginning and end of time, the accumulation of time, the accumulation of the amount of arrears, and the final signature (if it is an individual, it is necessary to press the name, amount, and time according to the fingerprint).
This basically guarantees that your IOU can have clear legal effect.
[Legal basis].Article 490 of the Civil Code of the People's Republic of China Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when the parties sign or affix their seals or fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.
When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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The IOUs established in accordance with the law have legal effect, and the IOUs generally need to indicate the following: 1. The full legal names of the debtor and the creditor; 2) the specific time and reason for the arrears; 3) the amount owed, both uppercase and lowercase; 4. The specific time of repayment and the payment method of slip and excite; 5. Liability for breach of contract for overdue repayment; 6. After the most believable socks, the person in arrears shall sign, seal or press the fingerprint. Pay attention to the decimal point of the amount owed, and remember to capitalize the number after the amount to prevent the amount from being tampered with in the future.
Civil Code of the People's Republic of China
Article 470.
The content of the contract is agreed upon by the parties and generally includes the following clauses:
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods for resolving disputes.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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