The court will, in combination with other evidence, determine whether there is a loan relationship between "IOUs" or "receipts" with defects in form. At the same time, for cash delivery loans, we can comprehensively judge whether there is a legal and true creditor-debtor relationship between the two parties according to the delivery voucher, payment ability, trading habits, loan amount, the relationship between the parties and the transaction details stated by the parties.
According to China's contract law
Chapter II Formation of a Contract
Article 9
To conclude a contract, the parties shall have corresponding capacity for civil rights and capacity for civil conduct.
The parties may entrust an agent to conclude a contract according to law.
Extended data:
165438+1On October 24th, Weibo, the official of Zhuhai Municipal Bureau of Justice, explained the nine traps of IOUs in detail with a case.
Including public funds transferred to private accounts, loans without IOUs receipts, only IOUs without receipts, debtors asking others to sign on their behalf, using ambiguous words to achieve the purpose of breach of contract, lenders changing the amount on IOUs from the books, not destroying IOUs without indicating creditors' names, not writing interest on IOUs, and deliberately writing wrong names when typing IOUs.
References:
People's Network-Watch out for 9 traps of IOUs