Then there is the relevant content (loan type, currency, purpose, amount, interest rate, term, repayment method, etc.). ) are written on written IOUs.
Finally, both parties jointly sign to confirm the effective time. "
Precautions:
1. If the IOU is handwritten, it must be written by the borrower, not the lender;
2. The loan should be as concise and clear as possible, and don't use ambiguous language;
3. Write clearly the reason for the loan.
4. Attach the ID numbers of the borrower and lender. It is best to attach a copy of the borrower's ID card.
The most important thing is that the borrower's signature must be seen with his own eyes;
6. The loan itself must be a complete piece of paper, not a torn or scratched piece of paper.
Do handwritten IOUs have legal effect?
Handwritten IOUs have legal effect as long as the meaning is true and does not violate the law. When the lender brings a private lending lawsuit to the people's court, it shall provide debt vouchers such as IOUs, receipts and IOUs that can prove the existence of the legal relationship between lending and borrowing.
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 the people's court ruled that the plaintiff did not have the creditor qualification after examination and dismissed the prosecution.
Is it effective not to print IOUs according to fingerprints?
An IOU without fingerprints may not be effective. This is because in civil law, signature and thumbprint have the same legal effect. Therefore, if there is no borrower's fingerprint on the IOU, but there is its signature, it will not affect the validity of the contract, just write the relevant content as a standard.
If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.
A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.
Legal basis:
Article 667 of the Civil Law of People's Republic of China (PRC) is a loan contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article 668 A loan contract shall be in written form, unless otherwise agreed between natural persons. The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
Article 671 Where the lender fails to provide the loan on the agreed date and amount, thus causing losses to the borrower, it shall compensate for the losses. If the borrower fails to collect the loan according to the agreed date and amount, it shall pay interest according to the agreed date and amount.