1. The borrower, borrower, loan time and loan amount are stated on the loan slip. The signatures and handprints of both parties can be used as valid loan vouchers. The IOUs containing the above points can prove the borrowing facts of both borrowers and borrowers, prove that the money has been lent to the debtor, and prove how much money has been borrowed. It is legally binding.
2. According to Article 88 of General Principles of Civil Law, the parties to a contract shall fully perform their contractual obligations.
If the quality, time limit, place or price agreed in the contract are unclear and cannot be determined according to the relevant provisions of the contract, and the parties cannot reach an agreement through consultation, the following provisions shall apply:
(a) the quality requirements are not clear, in accordance with the national quality standards, there is no national quality standards, in accordance with the usual standards.
(2) If the time limit for performance is not clear, the debtor may perform its obligations to the creditor at any time, and the creditor may also require the debtor to perform its obligations at any time, but the other party shall be given the necessary preparation time.
(3) Where the place of performance is unclear, if the payment is made in currency, it shall be performed at the place where the party receiving the payment is located, and other targets shall be performed at the place where the party performing the obligation is located.
(four) the price is not clear, in accordance with the provisions of the state price; Where the state does not stipulate the price, it shall be implemented with reference to the market price or the price of similar goods or the remuneration standard of similar services.
If the right to apply for a patent is not stipulated in the contract, the party who completed the invention-creation shall enjoy the right to apply.
If there is no agreement on the right to use scientific and technological achievements in the contract, all parties have the right to use them.
Third, the standard writing of IOUs
Both IOUs and IOUs are debt certificates, and the issuance of IOUs directly proves borrowing money and the debts arising from borrowing money, but IOUs do not have this function. If you go to court, you need to prove the reason for the loan. If you owe money for buying things or purchasing goods, you should write an loan. Therefore, when you borrow money, you must write "IOU" instead of "IOU".
The actual loan amount should be expressed in capitalized Chinese characters, not this "one, two, three, four ……" but this capitalized "one, two, three, four, five, six, seven, eight, nine, ten, one hundred (odd) and one thousand (odd)". In addition to the loan amount, it is suggested that the agreed date should also be written in uppercase Chinese characters for the same reason as above to prevent tampering.
Generally, short-term loans between relatives and friends are agreed to be borrowed for a few days or a week or two, and they will not care too much about interest issues. However, it often backfires. Sometimes the arrears are delayed for half a year, a year or even longer. At this time, the lender must feel that he has suffered a loss, and then claim interest afterwards.
According to the contract law, if the loan contract between natural persons does not stipulate or is unclear about the payment of interest, it shall be deemed as non-payment. If both borrowers only verbally agree on interest, the court will generally not support it.
Therefore, we must clearly indicate the interest of the loan. The language in the IOUs should be accurate, and the vague terms such as "estimation", "possibility", "almost", "calculation" and "possibility" should be absolutely eliminated.
Many private loans occur between acquaintances, so many people don't pay attention to writing the full name of the loan, such as "Uncle Li". In reality, there must be more than one uncle surnamed Li, right? If this person fails to pay back within the time limit, the lender will often be rejected by the court because the debtor is unclear, and even the door of the court can't get in.
Therefore, the name of the natural person in the IOU must be the current legal name on the ID card or household registration book, and it cannot be your respectful name, previous name, nickname, nickname, pen name, stage name, screen name, professional title, etc.
If the borrower is an enterprise, it must be the full name of the enterprise on the business license, not the abbreviation. The name of the company is almost a word away from another company. For example, XXX Technology Co., Ltd. and XXX Technology Co., Ltd. are two completely independent entities.
In addition, when writing IOUs, be sure to confirm the other party's civil capacity, such as minors or mental patients. An iou signed by a person without a power of attorney has no legal effect.
Extended data:
Invalid IOU
According to Article 54 of the Contract Law, if one party causes the other party to conclude a contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others, the injured party has the right to request the people's court or an arbitration institution to modify or cancel the contract. The injured party's right to change or cancel shall be exercised according to law.
Lenders of IOUs should be individuals, and private lending contracts with non-banks, non-financial institutions, legal persons or other organizations as lenders are invalid.
The interest agreed by both parties exceeds 4 times the upper limit of the loan interest rate announced by the People's Bank of China (it has been changed to an interest rate of more than 24%, which is not supported, and more than 36% is illegal). Such interest is usury, the interest clause is invalid, and the excess is not protected by contract law.
The compound interest clause in the IOU is invalid. Compound interest means that interest is included in the principal to earn high interest. Only the real principal and its interest are protected, and the compound interest part is invalid.
The borrower should have the ability. If a natural person is a person with limited capacity, the contract will become legally effective after ratification by his guardian, otherwise the contract will be invalid.
The lender knows that the borrower borrows money to engage in illegal activities, and its loan contract is invalid and not protected by the contract law.
References:
China People's Congress Network-General Principles of People's Republic of China (PRC) Civil Law
People's Republic of China (PRC) Central People's Government-People's Republic of China (PRC) Contract Law