First, how to establish written evidence has legal effect.
In order to have legal effect, the parties who sign written evidence should have corresponding civil capacity. The act of signing written evidence is the expression of the true meaning of the parties, and the process and content of written evidence do not violate the legal provisions.
In the loan relationship, there are written evidence and IOUs.
Similar IOUs
, IOUs
It is a written document indicating the relationship between creditor's rights and debts, which is generally written and signed by the debtor, indicating that the debtor has owed the creditor an IOU.
There is a certain amount of debt.
Two, private lending writing IOUs matters needing attention
1, the topic is obviously IOUs or IOUs; You can't make low-level mistakes, write receipts and so on.
2. Interest must be clearly agreed; Private lending does not stipulate interest, which is regarded as no interest by law, and the court will not support the interest claim at that time.
3. Major figures must be capitalized.
4. The borrowing method and place should be clearly indicated; For example, cash delivery or bank transfer, whose account transfer.
5. fingering; It is best to indicate the signature, date, main figures, loan method and other key points, generally with the right index finger.
6. Written evidence indicating the location of the loan; It is better for the borrower to indicate the place where the written evidence is located, so that the disputes arising from this can be under the jurisdiction of the lender's court, which is conducive to the plaintiff's prosecution and does not cost a lot of money to go to the court where the defendant is located.
7. If the interest is agreed, there is no need to agree on the repayment date; In this way, you can claim to the court at any time without being limited by the statute of limitations.
8. Require the borrower to issue a copy of the ID card; This is the necessary evidence for the court to file a case.
9. Both borrowers and borrowers should indicate their ID numbers after their names.
Legal basis: Article 146 of the General Principles of Civil Law of People's Republic of China (PRC) * * * The civil legal act expressed by the actor or the counterpart with false intention is invalid.
The validity of a concealed civil juristic act with false intention shall be handled in accordance with relevant laws and regulations.