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The difference between "borrowing" and "borrowing" is still very big: <>
First of all, they have different legal effects. The literal interpretation of "borrow" only indicates that the borrower and the lender have reached an agreement to borrow, but does not yet reflect that the borrower has delivered the loan to the borrower. Therefore, in the absence of other evidence, the lender sues the court on the basis of such IOUs to demand repayment from the borrower, and the borrower raises a defense as to whether the lender has delivered the loan, the court is likely not to support the lender's request.
Second, they are different from the literal interpretation of "borrowing", which can only indicate that the borrower and the lender have reached an agreement to borrow, and cannot yet reflect that the borrower has delivered the loan to the borrower. On the other hand, "borrowing" indicates that there is a loan contract relationship between the two parties, and also indicates that the lender has delivered the loan to the borrower, which can generally be used as evidence that the lender has fulfilled its obligation to deliver the loan. Again, there is no evidence that "borrowing" has taken place, and there are credentials that can be used as evidence.
In general, it can be used as evidence that the lender has fulfilled its obligation to deliver the loan. And the "borrowing" has not been lent out, and the money has not been delivered to the borrower. <>
However, not all lenders with "borrowed" IOUs can claim their rights in court in court. If the court has reasonable doubts about the borrowing behavior, it needs to review the relationship between the lender and the borrower, the lender's borrowing method, and the way to borrow the money, etc., through the rule of life experience. <>
Therefore, the wording on the IOU must be rigorous and standardized, and the words must be used appropriately when writing the IOU, and repeated scrutiny must not be sloppy. The same is true when an IOU is received. In addition, it is advisable to use bank transfer when handing over the loan to the debtor, as it can keep the transfer voucher in case it is needed.
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This difference is very big, write the word "borrow", the other party may be cheating, for example, Zhang San borrowed Wang Wu 10 yuan, the meaning of this can't tell who lent whom money, and then look at the situation of writing "borrowed", Zhang San borrowed 10 yuan from Wang Wu, which shows that Zhang San owes Wang Wu 10 yuan!
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There is a big difference between borrowing and borrowing on the IOU, and the meaning of borrowing is not very clear, it may indicate that it is the lender or the debtor, and it can only be used for the debtor.
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The difference is very big, it may be related to whether you can get the money back, and the validity period is also different, so this is a big difference, you must pay attention.
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I think the difference is very big, "borrow" means that what you borrowed is still to be repaid to you, and "borrowed" is to state the fact that you have borrowed money.
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There is a very big difference, if you point to a borrowed word, the other party has a reason not to pay it back, which is easy to cause controversy.
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Legal Analysis: There is a difference between borrowing and borrowing written on an IOU. There will be completely different consequences for the legal status of the parties to the creditor-debtor relationship.
To borrow is to have the loan in hand, and to borrow is to prepare to borrow, not necessarily to get the loan. Therefore, when making an IOU, you must be extra cautious in order to cause adverse effects on yourself, and at the same time, when making an IOU, it is best to write the repayment date on the IOU, so as to better protect your legitimate rights and interests after a dispute. The IOU proves the borrowing relationship, and the reason for the formation of the IOU is a specific borrowing fact.
When the holder of the IOU files a lawsuit with the court on the basis of the IOU, since it is easier to identify and determine the facts of the loan between the parties through the IOU itself, 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.
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.
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There is a difference between borrowing and borrowing, which will produce a creditor's rights and debts relationship, and the consequences of the two parties' completely different legal statuses.
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There is a difference between writing "borrow" and "borrowing" on the IOU, and writing "borrowing" on the IOU means that you are ready to borrow, and the money may not be in hand; And writing "borrowed" on the IOU indicates that the loan has been obtained.
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There is a difference between writing "borrow" and "borrow" on the IOU, borrowing means that the loan has been obtained, while borrowing is preparing to borrow, and may not have received the loan.
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1. There is a difference between borrowing and borrowing.
2. There will be completely different consequences of the legal status of the two parties in the creditor's rights and debts relationship.
3. To borrow is to have the loan in hand, and to borrow is to prepare to borrow, not necessarily to get the loan.
4. Legal basis: Civil Code of the People's Republic of China
Article 667:[Definition of Loan Contract]A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.
Article 668:[Form and Content of Loan Contracts]Loan contracts 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.
1. What is the effect of an IOU?
1. Article 16 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases: If the plaintiff initiates a private lending lawsuit solely on the basis of IOUs, receipts, IOUs and other creditor's rights certificates, and the defendant argues that the loan has been repaid, the defendant shall provide evidence to prove his claim. After the defendant provides relevant evidence to prove its claim, the plaintiff shall still bear the burden of proof for the establishment of the loan relationship.
At the same time, according to Article 5 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, in a contract dispute case, the party asserting that the contractual relationship has been established and effective shall bear the burden of proof for the fact that the contract has been concluded and the Shanxing draft has taken effect.
Therefore, in private lending dispute cases, the IOU should not simply be regarded as the only creditor's right document that completely excludes the validity of other evidence. After synthesizing the evidence and pleadings provided by both parties, if it is found that the loan funds** and the delivery process asserted by the lender do not conform to the daily rules of thumb and the standard of high probability, and are obviously unreasonable, and it is impossible to form a mental evidence on the actual delivery of the loan, it shall be determined that the loan has not been actually delivered. However, it is undeniable that IOUs are the most powerful evidence in private lending disputes.
2. The principle of the court's review of private lending cases is the fact that the loan is agreed upon and the loan is made. An agreement to borrow may be in the form of an IOU, an IOU, or even a verbal agreement, but it is an agreement between both parties to the matter of borrowing. When examining the facts of the loan, the judge also needs to make a comprehensive judgment based on the loan amount, the lender's ability to pay, the relationship between the parties, the transaction habits, and the transaction details stated by the parties.
Second, the belt court grasps the principle of dynamic allocation of liability when reviewing the relevant facts asserted by the plaintiff and the defendant.
2. How long is the statute of limitations for IOUs?
1. The statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions.
2. The limitation period shall be 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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Teach you the difference between an IOU and an IOU.
Teach you the difference between an IOU and an IOU.
IOUs, receipts, and IOUs seem to be the same, but the probative power is different. In the borrowing relationship, it is necessary to use IOUs instead of receipts and IOUs.