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It is effective, but you had better write down the time when the bid will end, so that if you sue to the court, you can have a time limit, otherwise if you can't cite the time when the bid will end, it will be more troublesome to start a lawsuit.
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Write down the time of the bidding, what if it never opens, but it's best to write the specific time directly.
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Chapter 12 Loan Contracts.
Article 196 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 197: Loan contracts shall be in written form, unless otherwise agreed upon between natural persons.
The content of the loan contract includes the terms of the loan type, currency, purpose, amount, interest rate, term and repayment method.
Article 198 When entering into a loan contract, the lender may require the borrower to provide security. The guarantee shall be in accordance with the provisions of the Guarantee Law of the People's Republic of China.
Article 199 When entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.
Article 200 The interest on the loan shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan shall be returned according to the actual amount borrowed and the interest shall be calculated.
Article 201: Where a lender fails to provide a loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses.
If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.
Article 202 The lender may, in accordance with the agreement, inspect and supervise the use of the loan. The borrower shall provide the lender with relevant financial and accounting statements and other materials on a regular basis in accordance with the agreement.
Article 203 If the borrower fails to use the loan in accordance with the agreed purpose of the loan, the lender may stop disbursing the loan, withdraw the loan in advance, or terminate the contract.
Article 204 The interest rate on loans of financial institutions handling loan business shall be determined in accordance with the upper and lower limits of the loan interest rate stipulated by the People's Bank of China.
Article 205 The borrower shall pay interest within the agreed time limit. Where there is no agreement on the time limit for the payment of interest, or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 61 of this Law, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan.
Article 206 The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 61 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.
Article 207 Where the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the State.
Article 208 Where a borrower repays a loan in advance, interest shall be calculated according to the actual period of the loan, unless otherwise agreed by the parties.
Article 209 The borrower may apply to the lender for an extension of the loan period before the expiration of the repayment period. If the lender agrees, it can be extended.
Article 210 A loan contract between natural persons shall take effect when the lender provides the loan.
Article 211:Where there is no agreement on the payment of interest in a loan contract between natural persons or the agreement is not clear, it shall be deemed that interest is not paid. Where the loan contract between natural persons stipulates the payment of interest, the interest rate of the loan shall not violate the provisions of the state on restricting the interest rate on borrowing.
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Legal analysis: The content of the IOU is legal, the format is standardized, and the signature or seal has legal effect. Format and precautions for IOUs:
It is better to handwrite the IOU by the debtor, but pay attention to the writing standard; The date of the arrears - be sure to write clearly, preferably to the date; The amount owed should be capitalized in Arabic numerals and Chinese, and the currency should be clearly written, etc.
Legal basis: Civil Code of the People's Republic of China
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.
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.
Article 669 When entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.
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Simple and practical IOU) IOU Zhang San borrowed Li Si 100,000 yuan for buying a car (capitalization: one hundred thousand yuan). The loan period is 6 months, the monthly interest rate is 2%, and the monthly interest is 2,000 yuan, (the interest will be repaid in a lump sum on February 21, 2012).
In case of breach of contract, 20% of the total amount will be charged. In the event of a lawsuit, the litigation costs, execution fees, attorney's fees, etc. shall be borne by the breaching party. Borrower:
Zhang San August 21, 2011 Witness: Wang Wu (signed) It is better if *** people are ***.
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Obviously, there is. Because: 1. There is a fact of borrowing; 2. The intentions of both parties are true.
The repayment date is already stated on the IOU, so the operation process is:
1. If you are a creditor and start to calculate the 2-year statute of limitations at the end of 10 years after you signed the agreement, you should ask the other party for accounts within these two years, that is: if you do not sue the other party within these 2 years, you will lose the right to win the lawsuit, and the other party can defend on the grounds that the 2-year statute of limitations has passed, and the judge will reject your claim, even if you are in fact owed money, but it has not supported your repayment request in law. However, if you ask the other party for an account on any day within these 2 years, it will lead to the interruption of the statute of limitations, i.e.:
The 2-year statute of limitations will be recalculated from the time you ask for the account. For example, if you agree to repay the loan on January 1, 2000, then you should ask the other party for the account before January 2, 2002, as long as it does not exceed this period, you will definitely win the lawsuit. If you ask the other party for an account on any day between 1 January 2000 and 2 January 2002, such as 1 January 2001, the statute of limitations extends to 2 January 2003.
And so on. 2. If you are a debtor, with the above reasoning, as long as the creditor does not sue within the 2-year statute of limitations, you can defend on the grounds that the statute of limitations has expired, and the judge will reject the other party's claim, and the other party will lose the right to win the lawsuit and lose the protection of the law.
However, it should be made clear that this right of defense needs to be expressly stated by the debtor, because the judge cannot remind whether the statute of limitations has expired. If the debtor does not expressly indicate it, even if the statute of limitations has in fact expired, the judge will rule in such a way that the statute of limitations has not expired.
In addition, for private lending, if there is no agreement on interest, it will generally be judged as an interest-free loan, so if you are a creditor, you should write the interest on the IOU.
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It is effective, but the statute of limitations for private lending is 1 year, so don't exceed the statute of limitations, then there will be no right to win the lawsuit.
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It is best to write a specific repayment period. In this way, you can save a lot of problems. The question of whether there is interest or not also needs to be clarified.
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1. As long as the IOU is true, it is valid and protected by law;
2. The court will determine whether there is a loan relationship between the two parties based on factors such as the delivery voucher, payment ability, transaction habits, the size of the loan amount, the relationship between the parties, and the transaction details stated by the parties.
3. Legal basis: The General Principles of the Civil Law, the Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for Trial Implementation), the Several Opinions on the Trial of Lending Cases by the People's Courts, and the Notice of the Supreme People's Court on Properly Adjudicating Private Lending Dispute Cases in Accordance with the Law to Promote Economic Development and Maintain Social Stability all have detailed provisions and are recommended to be consulted.
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No, there is no notary public and the repayment date is not clear.
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It definitely works! As long as the signature is not forged.
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It has the force of law and illustrates the problem.
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Effective; As long as it is the true consciousness of both parties.
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For an IOU to be legally valid, it should have the following:
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.
IOUs. Today, there is a borrowing of RMB capitalized tens of thousands of yuan. Lowercase meta.
The above-mentioned loan is agreed to be repaid before 201, and if the borrower fails to repay it within the time limit, the borrower shall bear the liquidated damages The parties agree that the dispute shall be under the jurisdiction of the people's court.
Borrower: Identification number
Loan date: 201/0/201/01/01/201/0/201/201/0/20
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.
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