How can an IOU have legal effect, and can an IOU have legal effect

If someone lends you money, no matter how many IOUs there are, the creditor (you) must have one. If the debtor (borrower) loses the IOU or deliberately does not want to take it out, as long as your share is kept, it is valid, and he does not admit it. This can be used as evidence in a civil lawsuit.

In addition, if someone else lends you money, remember to be sure to be a gentleman before the villain, and ask him to write an IOU, which writes the borrowing time, amount (both upper and lower case are clearly written), repayment time, and interest rate. Finally ask him to sign and press his fingerprints.

As long as the IOU clearly states the borrowing time, amount (upper and lowercase), repayment time, interest rate, and is signed by the borrower and fingerprinted, it is standardized, and there is no problem in writing several copies, but it must be consistent. If you don't repay when due, you can sue him with this IOU, and if the amount is relatively large, it is best to have a matching bank transfer record. It's safer.

As long as the IOU conforms to the consensus of both parties, the true expression of intent has legal effect. It is necessary to specify the borrower, the amount, the time of repayment and the time of borrowing, and the interest, etc., and if it is a mortgage, it is best to register the mortgage.

The writing of an IOU usually consists of the following:

First, the identity information of both the debtor and the creditor;

Second, the amount of the loan (upper and lowercase), the purpose, and the method of payment, if the loan is large, it is recommended to use the transfer method;

third, whether interest is paid and if interest is paid, how the interest is calculated;

fourth, whether the repayment date has been agreed;

Fifth, the debtor's signature confirmation;

Sixth, the time when the IOU was written.

Indicate the amount of the debt, the time of the debt, the time of repayment, the signature of the debtor, or the fingerprint.

The amount borrowed, preferably in Chinese capitals, must be stated, indicating the period within which time limit it will be repaid. Then write the time and stamp it.

An IOU is legally binding if it is signed with the genuine will of both parties. At the same time, the IOU shall meet the requirements for the actor to have the corresponding capacity for civil conduct, not to violate the mandatory provisions of laws and administrative regulations, and not to violate public order and good customs.

[Legal basis].

Article 143 of the Civil Code of the People's Republic of China is valid for a civil juristic act that meets the following conditions: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 144:Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

As long as the main elements of the IOU are met, it has 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 owed the creditor the amount indicated in the IOU.

Legal basis: Article 188 of the Civil Code of the People's Republic of China provides that the statute of limitations for filing a request for protection of civil rights from the People's Law Qingheng Court is three years. Where the law provides otherwise, follow those provisions.

The limitation period is 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 if there are special circumstances, the people's courts may decide to extend the rights holders on the basis of their applications.

IOUs between individuals are legally valid as long as their content is not illegal. The basic content of the IOU includes: the name of the creditor, the amount of the loan, the calculation of interest, the time of repayment, the penalty for breach of contract, the method of dispute resolution, as well as the name of the debtor, the date of the loan and other elements.

As long as the name of the creditor, the amount of the loan, the name of the debtor and the date of the loan are met, but the main elements of the IOU are met, it has legal effect.

1. How to write an IOU to borrow money from your parents to buy a house.

First of all, as long as the IOU has the names of the parties, a clear creditor-debtor relationship, the capitalization of the specific loan amount, the date of the loan and the signature of the borrower, then it is valid, and of course, the specific matters agreed upon such as interest and repayment date can also be written. Therefore, if you need to write an IOU to borrow money from your parents, you should have your own and your parents' names, and if you borrow money to buy a house, you should write that it is because you need to buy a house, etc.

2. Loan slips that take effect under law.

The loan note is also legally binding. As long as the name of the creditor, the amount of the loan, the name of the debtor and the date of the loan (although added later) are present, the main elements of the IOU are met, and therefore it has legal effect. Once a dispute arises, it can be used as evidence to claim the creditor's rights from the people's court, and the people's court will also accept it.

3. How to write the correct IOU.

The IOU shall include the following contents: the name of the creditor, the amount of the loan, the calculation of interest, the time of repayment, the penalty for breach of contract, the method of dispute settlement, as well as the name of the debtor, the date of the loan and other elements. As long as the name of the creditor, the amount of the loan, the name of the debtor and the date of the loan are met, but the main elements of the IOU are met, it has legal effect.

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.

Legal Analysis: Effective. A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Legal basis: Article 143 of the Civil Code of the People's Republic of China?

A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

IOUs have the force of law. An IOU is a contract in which the borrower and the lender agree that the lender will lend the money to the borrower, and the borrower will return the loan and pay interest when due. A contract concluded in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

[Legal basis].

Article 502 of the Civil Code A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through the approval and other formalities affects the effectiveness of the contract, it does not affect the validity of the obligations such as reporting for approval and the validity of the relevant clauses in the contract.

If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations. Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply. 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.