What is the difference between borrowing today and borrowing today ?

1. The legal effect is different.

"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." "Borrow today" will have legal effect.

2. The completion action is different.

The term "loan" is literally understood to indicate that the borrower and the lender have reached an agreement to borrow money, but cannot yet reflect that the borrower has delivered the loan to the borrower.

"Borrowed today" indicates that there is a loan contract relationship between the two parties, and it also indicates that the lender has delivered the loan to the borrower.

3. Whether there is evidence.

"It has happened, 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. The "loan today" has not been lent out, and the money has not been delivered to the borrower.

In the IOU, "borrow today...""And "borrowed today....There is only one difference in the word "to", which gives the debtor an excuse to repay the debt. If the IOU is written "borrow 100,000 yuan today", some debtors will make a big fuss about it, and defend in court that although the IOU was written by me, it only expressed the willingness to borrow money, and I did not really receive the money! At this time, if the creditor cannot come up with other evidence to refute it, he will often suffer a "dumb loss".

How to write an IOU to have legal effect:

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.

Legally, there is no difference between the two. In order to assert creditor's rights, in addition to the IOU, there must be transfer records, witness testimony and other supporting evidence before the existence of the loan can be determined.

The difference between borrowing today and borrowing today is that if you take it literally, you can only borrow on the surface, but you don't need to provide relevant transfer vouchers if you actually borrow, but if you borrow it today, then it is directly marked that the money has been lent to the borrower. "Present loan: merely indicates that the borrower and the lender have reached an agreement to borrow money, but does not yet reflect that the borrower has delivered the loan to the borrower.

Loan: It indicates that there is a loan contract relationship between the two parties, and it also indicates that the lender has delivered the loan to the borrower, which can generally be used as evidence that the lender has fulfilled the obligation to deliver the loan. "In the literal sense of the word,"Borrow"It only refers to the agreement between the two parties to lend money, and the issuance of an IOU by the borrower to the lender itself is an endorsement of the establishment of a legal relationship between the two parties.

While"Borrowed"It can not only be understood that the two parties have reached an agreement on the loan, but also that the borrower has received the principal of the money from the lender, which means that the lender has fulfilled its obligation to provide the money. From this point of view,"Borrow"with"Borrowed"The corresponding burden of proof is different, and it is also a loan contract dispute, which holds a record"Borrow today"The lender of the IOU is also obliged to provide evidence that the money has been provided, and the record is in possession"I borrowed it today"The lender of the IOU can generally use this record as strong evidence that it has provided money.

Legal basisArticle 197 of the Contract Law of the People's Republic of China stipulates that the loan contract shall be in written form, unless otherwise agreed upon in the loan 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.

The only difference between the two is the difference in the meaning of the expression:

Borrow today"There is a desire to borrow money or borrow something, but it is not clearly stated when exactly you will get it;I borrowed it todayIt means that the loan has been made, and it clearly indicates that the thing or money has been borrowed.

1. Expressing different meanings and borrowing today: It means that you are willing to borrow money or something, but the specific time to get it is not clearly stated. Borrowed today: It means that it has been borrowed, which clearly states that the thing or money has been borrowed.

2. The degree of completion is different from that of the borrower: It only indicates that the borrower and the lender have reached an agreement to borrow, but cannot reflect that the borrower has delivered the loan to the borrower. I borrowed it today

It shows that there is a contractual relationship between the two parties, and it also shows that the lender has delivered the loan to the borrower.

2. The legal effect is different from that of today's borrowing: In the absence of other evidence, the lender sues the court with 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.

"How much money to borrow someone today" and "How much to borrow someone today", the latter has an additional word "to".

The difference between one word and a world of difference!

The former means that the two parties have entered into a written loan contract, but it does not mean that the lender has delivered the agreed loan;

The latter said that not only had the two parties entered into a written loan contract, but also that the lender had delivered the agreed loan!

Everyone, if you lend money to others in the future, you must indicate "borrowed" on the IOU!

There is a difference between borrowing today and borrowing today. There will be completely different consequences for the legal status of the parties to the creditor-debtor relationship. Borrowing today means that you have already got the loan, and borrowing today is preparing to borrow, not necessarily getting the loan.

Legally, there is no difference between the two. To assert creditor's rights, in addition to the IOU, Yeling must have transfer records, witness testimony and other supporting evidence in order to recognize the existence of the fact of the loan.

There is a difference between borrowing today and borrowing today. There will be completely different consequences of the creditor-debtor relationship, and the legal status of the Shuangling Sun Wufang. Borrowing today means that you have already borrowed a ruler or hand, borrowing today is preparing to borrow, and Kaizhao may not necessarily get the loan.

Legal Analysis: "The loan" only indicates that the borrower and the lender have reached an agreement to borrow money, but does not yet reflect that the borrower has delivered the loan to the borrower. As a result, in the absence of other evidence, if the lender files a lawsuit with the court to demand repayment on the basis of such IOUs, and the borrower raises a defense as to whether the lender has delivered the loan, the court will probably not support the lender's claim.

In other words, the money is lent out, but it is possible that the repayment will not be received. Furthermore, the "present loan" does not reflect who the creditor and the debtor are, and it is more likely to cause disputes. "Borrowed now" clarifies who the creditor and the debtor are, indicates that there is a loan contract relationship between the two parties, and also shows that the lender has delivered the loan to the borrower, which can generally be used as evidence that the lender has fulfilled the obligation to deliver the loan.

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 send Li to provide the true information about the business activities and financial status related to the loan as required by the lender.

Article 670 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 671: 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 672 The lender may inspect and supervise the use of the loan in accordance with the agreement. The borrower shall provide the lender with relevant financial and accounting statements or other materials on a regular basis in accordance with the agreement.

Article 673: 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.

Derivative question: Can the transfer of property after borrowing money constitute the crime of fraud?

Transferring property after borrowing money may constitute a crime of fraud. Simply borrowing money does not constitute fraud. The transfer of property after borrowing money may be presumed to have the purpose of unlawful possession.

If the borrowing has the purpose of illegal possession, and it is ultimately determined that it is an act of defrauding public or private property with a large amount of money by fabricating facts or concealing the truth, then it should be an act of fraud.