Legal.
According to Article 2 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases, lenders should provide people with creditor's rights certificates such as IOUs, receipts and IOUs that can prove the existence of the legal relationship of lending.
If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and if the people after trial think that the plaintiff does not have the creditor qualification, the ruling shall be rejected.
Extended data:
The relevant requirements of private lending cases stipulate:
1. In the case of private lending contracts concluded between legal persons, other organizations and between them due to the needs of production and operation, if the parties claim that the private lending contracts are valid, the people will support them, except for the cases stipulated in Article 52 of the Contract Law and Article 14 of these Provisions.
2. If the borrower or lender's lending behavior is suspected of committing a crime, or the effective judgment determines that it constitutes a crime, and the parties file a civil lawsuit, the private lending contract may not be invalid. The people's court shall, in accordance with the provisions of Article 52 of the Contract Law and Article 14 of these Provisions, determine the validity of private lending contracts.
3. Legal persons or other organizations raise funds from employees in the form of loans within their own units for the production and operation of their own units, and there are no circumstances stipulated in Article 52 of the Contract Law and Article 14 of these Provisions. If the parties claim that the private lending contract is valid, the people should support it.