Does such an IOU have legal effect?

Updated on society 2024-05-03
12 answers
  1. Anonymous users2024-02-08

    As long as it is signed by him personally and voluntarily, and you are the legal holder of the IOU, it has legal effect. If he does not admit that he owes you, you will have to prove the creation of the claim and the process of writing the IOU.

  2. Anonymous users2024-02-07

    In the practical work of many courts, such an IOU as yours often appears, which can be said to be valid, because we believe that the holder is the owner of the IOU as long as he is legally in possession of the IOU, and if the defendant believes that the IOU has another owner, he should prove it.

    Of course, if you want to sue, it is best to find someone to prove the process or facts of the arrears.

  3. Anonymous users2024-02-06

    From the point of "fingerprint" alone, as long as it meets the elements for the establishment of a civil legal relationship, that is, it is commonly said that the person is voluntary, does not violate the legitimate rights and interests of a third party, and the party has civil legal capacity, etc., it is valid.

    But in this case, we don't know the specific content of the contract.

    In the end, you can take a look at it for yourself, and it is safer to ask a professional to give it an "appraisal".

  4. Anonymous users2024-02-05

    No! From the point of "fingerprint" alone, as long as it meets the elements for the establishment of a civil legal relationship, but it is not written to anyone? That has no legal efficiency.

  5. Anonymous users2024-02-04

    Didn't write who owed? That, of course, is not legally efficient.

  6. Anonymous users2024-02-03

    No, yes. It's useless to start a lawsuit.

    Or hurry up and ask him to rewrite one.

  7. Anonymous users2024-02-02

    Whether an IOU is usually legally valid or not needs to be decided on a case-by-case basis:

    1. When borrowing, if you know that the other party will use it for illegal activities, do not lend to the other party, the loan is not protected by law;

    2. The IOU must be signed and fingerprinted, and if the parties conclude the contract in the form of a contract, they shall sign or affix their seals. Where a party puts a fingerprint on the contract, it is usually deemed to have the same legal effect as a signature or seal.

    What kind of IOU has legal effect.

    A legally valid IOU is required:

    1. The signing entity is legal and the actor has the corresponding civil capacity;

    2. The IOU is the true expression of the intention of both parties;

    3. The content of the IOU does not violate the law or the public interest, does not infringe on the legitimate interests of a third party, and does not violate the mandatory provisions of the law;

    4. The subject matter of the contract must be determined and possible;

    [Legal basis].Article 490 of the Civil Code of the People's Republic of China.

    If the parties conclude a contract in the form of a written contract, the contract shall be formed when both parties sign, affix their seals or press their 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.

  8. Anonymous users2024-02-01

    Legal Analysis: Yes. IOUs have legal effect.

    Under normal circumstances, an IOU must be signed and fingerprinted, because the law stipulates that if the parties conclude a contract in the form of a contract, they shall sign or affix a seal, and if the parties put their fingerprints on the contract, the people's court shall determine that it has the same legal effect as the signature or seal.

    Legal basis: Article 679 of the Civil Code of the People's Republic of China stipulates that a loan contract between natural persons shall be established when the lender provides the loan.

  9. Anonymous users2024-01-31

    Legal analysis: If an IOU meets the conditions such as the true intention of the parties, it generally has legal effect. As long as it is written by the payee and the debtor, it has legal effect.

    However, it must be voluntary and not coerced by the payee or debtor, i.e. the receipt and the IOU are true. Format and precautions for IOUs:

    1. The interest rate agreed upon by both parties when borrowing should be written into the IOU.

    2. When borrowing, it is advisable to write the repayment period into the IOU.

    3. Write down the borrower's full name.

    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.

  10. Anonymous users2024-01-30

    Whether or not an IOU has a legal effect depends on the circumstances. The main body of the creditor's right and debt relationship should be clearly expressed, the amount unit should be clear, the amount should be written in traditional Chinese, the ratio should be clearly defined as the percentage, the ratio of 10000 parts, and the ratio of 10,000 points, and the date of return should be clearly stated, if there is an agreement on interest, otherwise it should be regarded as no interest according to law, and if there is an agreement on liquidated damages, it should be clearly stated. If there is a guarantor, the method of guarantor should be indicated, and the guarantor should be indicated.

    It has legal effect only if it is complete in form and content.

    Article 143 of the Civil Code provides that civil juristic acts that meet the following conditions are valid: (1) The actor has the corresponding capacity for civil conduct; Qi Sui (2) means true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. 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.

  11. Anonymous users2024-01-29

    Legal Analysis: IOUs have legal effect. Under normal circumstances, an IOU must be signed and fingerprinted, because the law stipulates that if a party concludes a contract in the form of a contract, it shall sign or affix a seal, and if the party presses his fingerprint on the contract, the people's court shall determine that it has the same legal effect as the signature or seal.

    Legal basis: Article 679 of the Civil Code: A loan contract between natural persons shall be established when the lender provides the loan.

    Article 680 of the Civil Code: usurious lending is prohibited, and the interest rate of the loan shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed to have no interest.

    If the loan contract is not clear on the payment of interest, and the parties are unable to reach a supplementary agreement, the interest shall be determined in accordance with factors such as the local area or the parties' transaction methods, trading habits, and market interest rates; Where natural persons borrow money between themselves, it is deemed that there is no interest.

  12. Anonymous users2024-01-28

    Yes. IOUs have legal effect. Under normal circumstances, the IOU must be signed and fingerprinted, because the law stipulates that if the parties conclude a contract in the form of a contract, they shall sign or affix a seal, and if the parties put their fingerprints on the contract, the Congzhi People's Court shall determine that it has the same legal effect as the signature or seal.

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As long as there is no mistake in the general IOU, and the relevant information is available, it is effective, but the IOU you typed is still not rigorous enough, it is best to go to the WeChat IOU again to make up an electronic agreement, the agreement is protected by law, and there are professional answers, and it will be automatically arbitrated when it expires.