What kind of IOUs have legal effect, and what kind of IOUs have legal effect

Since the borrower has signed and confirmed, and there is no evidence that he was coerced, the IOU has legal effect and should be protected by law.

The signature of a party means that he agrees to the provisions of the IOU, which has legal effect.

Valid is only valid if it is signed by the person concerned with a clear mind.

Legal Analysis: An IOU that meets the following conditions has legal effect:

1.Both parties to the IOU have full capacity for civil conduct.

2.The conclusion of the IOU is voluntary between the two parties and does not involve fraud, coercion, etc.

3.The interest agreement is in accordance with the provisions of the law.

4.The content and form of the IOU comply with the law and do not infringe on the interests of third parties or the public interest.

Legal basis: Article 667 of the Civil Code of the People's Republic of China A loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due.

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 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.

Legal Analysis:1Both parties to the IOU have full capacity for civil conduct.

2.The conclusion of the IOU is voluntary between the two parties and does not involve fraud, coercion, etc.

3.The interest agreement is in accordance with the law. Xiangcha rule.

4.The content and form of the IOU comply with the provisions of the law and do not infringe on the interests of third parties or the public interest.

Legal basis: Article 667 of the Civil Code of the People's Republic of China A loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due.

Legal analysis: 1. The full legal names of the borrower and the lender should be clearly written;

2. The amount of the borrowed money 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 on the loan should be clearly written, and there should be a clear annual or monthly interest rate, and the total amount of interest on the loan (including uppercase and lowercase amounts) that should be paid at 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.

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

Article 465:Contracts established in accordance with the law are protected by law.

A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

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 of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

The "IOU" not only indicates that there is a creditor-debtor relationship between the lender and the borrower or the borrower, but also indicates the cause of the debt, and the lender only needs to issue an "IOU" to prove that it has a claim against the borrower or the borrower, and does not need to provide evidence for the cause of the debt.

The standard IOU should have the following contents:

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; Infiltration.

7. There should be a signature, handprint or handwritten signature of the borrower himself.

1. Is it better to lend money to others with an IOU or an IOU.

If you lend money to someone else, you should let the borrower issue an IOU instead of an IOU, which is not the same as an IOU, and the IOU is more effective.

Difference Between IOU and IOU:

Although there is only one word difference between an IOU and an IOU, their legal meanings are far from the same.

The duration of the lawsuit varies. The statute of limitations for an IOU is 2 years, and if a repayment period is agreed, it shall be calculated from the date of the repayment period indicated on the IOU, and if a lawsuit is not filed with the court for more than 2 years, the court will no longer protect it. If there is no agreed repayment period, the lender may request repayment from the borrower at any time, and the statute of limitations shall be calculated from the day after the lender asserts its rights.

If the lender does not assert its rights within 20 years after the issuance of the IOU, the statute of limitations will no longer run. The statute of limitations for an IOU is 2 years, and if the date of repayment of the arrears has been marked, the statute of limitations shall be calculated from the date of the date of repayment marked on it, and if the date of repayment is not marked, the statute of limitations shall be calculated from the day after the IOU is issued.

IOUs prove the borrowing relationship, and IOUs prove the arrears relationship. A loan is certainly an arrears, but an arrears is not necessarily a loan. Because the reason for the formation of the IOU is the 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 sales and sales, arrears arising from labor services, arrears arising from enterprise contracting, arrears arising from damages, etc.

The evidence for the two is different. When the holder of an IOU files a lawsuit with the court on the basis of the IOU, the holder of the IOU generally only needs to briefly state the facts of the loan to the judge, and it is generally difficult for the other party to defend or deny it. When the holder of the IOU files a lawsuit with the court on the basis of the IOU, the holder of the IOU must state to the judge the fact that the IOU was formed, and if the other party denies or defends this fact, the holder of the IOU must provide further evidence to prove the existence of the fact of the formation of the IOU.

What kind of IOU has legal effect?

1. What should be paid attention to when signing an IOU?

1. When borrowing money, you must make an IOU, if you don't make an IOU, it will be difficult to protect the rights of creditors in the event of a dispute.

2. When borrowing, do not lend to the other party if you know that the other party will use it for illegal activities.

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.

3. For IOUs with a repayment period, it is necessary to claim the right to file a lawsuit with the people's court within two years after the expiration of the repayment period.

The law stipulates that the statute of limitations for a party to request the people's court to protect civil rights is two years, and if the borrower files a lawsuit with the people's court two years after the loan expires, but there is no suspension, interruption or extension of the statute of limitations, the borrower will lose the right to win the lawsuit.

4. If the loan interest in the IOU is more than 4 times higher than the bank loan interest rate, it will not be supported by law.

5. The loan contract is a contract in which the borrower borrows money from the lender and returns the loan and pays interest when due.

6. For small loans, if the lender has the ability to pay the loan, if the party claims that it was delivered in cash, and fails to provide other evidence except for the IOU, according to the transaction custom, if the lender provides the IOU, it can generally be deemed that it has fulfilled the burden of proof, and the fact of delivering the loan can be determined to exist.

7. For large loans, involving hundreds of thousands or even millions of dollars, and the parties also claim that they are delivered in cash, if there is no other relevant evidence except for the IOU, it is necessary to judge whether the claims of the parties can be established by examining the creditor's own economic strength, the relationship between the creditor and the debtor, the trading habits and relevant vouchers, witness testimony, etc., and the fact that the money is delivered is not sufficient to rely on the IOU.

2. What kind of IOU has legal effect?

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.