How to write an IOU Do you need a guarantor?

Whether to write the guarantor on the IOU, it is necessary to see whether there is an agreement between the borrower and the borrower, and if there is no agreement, there is no need to write the guarantor.

Civil Code of the People's Republic of China

Article 386: [Definition of Security Interest]The holder of the security interest shall enjoy the right to receive priority in respect of the secured property in accordance with law in the event that the debtor fails to perform the debts due or the security interest is realized as agreed by the parties, except as otherwise provided by law.

Article 388: [Relationship between the Security Contract and the Main Contract]To establish a security interest, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with security functions. The guarantee contract is a subordinate contract of the main creditor's rights and debts.

If the principal creditor's rights and debts contract is invalid, the guarantee contract shall be invalid, except as otherwise provided by law.

After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear the corresponding civil liability according to their fault.

In practice, when you go to the court to sue to repay the money, the court will examine whether there is a "fact of borrowing" and a "loan agreement".

Specifically, the court made the determination from:

1. Loan agreement

The parties agree on the loan, which is agreed upon by IOU, IOU and oral agreement.

However, after the lawsuit is filed with the court, the court usually examines the original IOU to confirm whether there is a borrowing relationship, and the copy of the IOU cannot be used as evidence independently, but must be supported by other evidence.

When providing a copy of the IOU and other evidence to support it, other evidence that can prove the fact of arrears and the amount of arrears can be produced, such as bank transfer records, ** recordings, witness testimony, etc.

2. Facts of borrowing

In practice, the fact of borrowing is proved by receipts, transfer vouchers, witness testimony, etc., and the court will also make a judgment based on the amount of the loan, the lender's ability to pay, the relationship between the parties, and the transaction details stated by the parties.

Therefore, in general, it is difficult to prove the existence of a borrowing relationship between the two parties only a copy of the IOU, and the court will be difficult to support the creditor's lawsuit to repay the loan in order to avoid the lender from claiming the creditor's rights again after receiving the repayment, resulting in the loss of the borrower's interests.

An IOU does not need to have a guarantor. The guarantor is a third party other than the borrower and the lender, and if the borrower fails to repay the debt when due, the lender can require the guarantor to repay the debt. This is a two-tier legal relationship: a loan relationship and a guarantee relationship.

The IOU should be specified: the lender, the borrower, the amount of the loan, the repayment period, and the interest standard, and the borrower should sign and confirm it.

If there is a guarantor, it is more secure for the lender. However, the presence or absence of a guarantor does not affect the validity of the IOU.

An IOU does not need to have a guarantor. Third-party testimony is only one type of evidence, and as long as there are IOUs, IOUs and other documents that clearly define the creditor's rights and debts to prove the existence of the loan relationship, they can be protected.

As follows: First, it is necessary to specify the guarantor's guarantee liability, whether it is a general guarantee or a joint and several guarantee, which is the most important thing.

Second, the second is to clearly state the scope of the guarantor's guarantee, which includes the main claim and all the costs attached to the main claim, mainly including the main claim interest liquidated damages, damages, and the cost of realizing the claim.

Third, the guarantor and the creditor agree that the guarantee period shall be executed according to the agreement, and if the guarantor and the creditor do not agree on the guarantee period, the guarantee period stipulated by the law is six months.

Legal basis: Article 394 of the Civil Code [Definition of Mortgage Right] In order to guarantee the performance of the debt, if the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the due debt or the mortgage is realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property.

The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.

How to write a guarantor mortgage IOU.

1) the type and amount of the secured principal creditor's right;

2) the time limit for the debtor to perform the debt;

3) The name, quantity, quality, condition, location, ownership or right of use of the collateral;

4) the scope of the mortgage guarantee;

5) Other matters that the parties deem necessary to be agreed upon.

Measures for the Administration of Urban Real Estate Mortgage Registration" Article 2 and Article 16.

The real estate mortgage contract shall contain the following main contents:

1) The name or personal name and address of the mortgagor or mortgagee;

2) the type and amount of the principal creditor's right;

3) The premises, name, condition, construction area, land area and four to-four of the mortgaged real estate;

4) the value of the mortgaged real estate;

5) The occupancy manager, the method of occupancy management, the responsibility for occupancy management, and the liability for accidental damage or loss of mortgaged real estate;

6) the time limit for the debtor to perform the debt;

7) the conditions for the loss of the mortgage;

8) Liability for breach of contract;

9) Dispute resolution methods;

10) the time and place of the conclusion of the mortgage contract;

11) Other matters agreed upon by both parties.

How to write an IOU guarantor to be valid.

How to write the effective guarantor of the IOU:

If the loan specified in the IOU is true and legitimate, and the guarantor voluntarily assumes the guarantee liability for the loan, it is valid.

It is best to clarify the guarantee method and scope provided by the guarantor, such as stating the joint and several liability guarantor, guaranteeing the repayment of the loan principal and interest, leaving the identity information of the guarantor, and it is best to leave a copy of the ID card and sign and seal.

Article 394 of the Civil Code [Definition of Mortgage Right] In order to guarantee the performance of the debt, if the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the due debt or the mortgage is realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property.

The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.

Legal basis:

Legal analysis: first write the full legal names of the borrower and lender; The content includes: the amount of the loan in large terms, including the amount in uppercase and lowercase; The term of the loan, including the start and end date of the loan and the clear term of the loan; the specific date of repayment; The interest on the loan should have a clear annual interest rate or monthly interest rate, and the total amount of interest on the loan that should be paid (including the uppercase and lowercase amounts) and so on. The year, month, date, time and payment method of repayment of the principal and interest of the loan.

The name of the guarantor, the scope of the guarantor's guarantee.

Legal basis: Article 490 of the Civil Code of the People's Republic of China Where the parties conclude a contract in the form of a written contract, the contract shall be established when all parties sign it, 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.

The parties shall specify the following security matters in the IOU in accordance with the law: the IOU shall specify the form and scope of the guarantee provided by the guarantor, guarantee the repayment of the principal and interest of the loan, leave the identity information of the guarantor, and finally sign and seal the guarantor. If the loan specified in the IOU is true and legal, and the guarantor voluntarily bears the guarantee liability for the loan, it is valid.

Legal basis:

Article 681 of the Civil Code.

A guarantee contract is a contract in which the guarantor and the creditor agree that when the debtor fails to perform the due debt or the circumstances agreed by the parties occur, the guarantor will perform the debt or the seller will bear the responsibility in order to ensure the realization of the creditor's rights.

Article 682.

The guarantee contract is a subordinate contract of the main creditor's rights and debts contract. Where the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, except as otherwise provided by law.

After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear the corresponding civil liability according to their fault.