Legal analysis
IOU: Usually, it is a creditor's right certificate issued by the debtor to the creditor because of his own failure to repay the debt on time. When writing "IOUs", we should not only pay attention to the matters when writing "IOUs", but also pay attention to the causes of "IOUs", that is, why we owe money. Because the "IOU" issued by the plaintiff should not only prove the fact of the arrears, but also prove the legitimacy of the arrears and state the reasons, which also shows the legitimacy of the arrears; Illegal arrears are not supported by the court. For example, because of gambling, drug trafficking and other reasons, as long as there is evidence to prove illegal facts, the court will not support such claims; IOU: refers to the creditor's right certificate issued by the debtor to the creditor, which is used to prove the fact of borrowing; When borrowing goods, sometimes the lender will ask the other party to make a "debit note". Pay attention to several questions when writing "IOUs": 1. Make clear the real names of both borrowers and borrowers (subject to the registration in the ID card and household registration book). In the lower right corner of the "IOU", the borrower personally signs his real name. 2. It is best to stipulate the interest, repayment period and repayment method in the "IOU"; 3. The "IOU" must clearly describe the borrowing facts. As for the loan amount, it is best to write it in Arabic numerals first, and then write it in chinese numerals. Difference: IOU is essentially a loan contract, which reflects the loan contract; The IOU is actually the settlement of past economic exchanges between the two sides; Reflect the pure fragmentation of creditor's rights and debts; Not a contract. Reason: IOUs are borrowed and IOUs are owed; Time: White stripes are generally issued on the delivery date; IOUs are generally issued on the settlement date. Receipt: the debtor repays the debt; Creditors issue certificates to prove their past transactions. Receipt, or the certificate issued by the trustee to the client to confirm the receipt of the subject matter, is completely different from IOUs and IOUs.
legal ground
People's Republic of China (PRC) Civil Code
Article 667 A loan contract is a 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 669 When concluding a loan contract, the borrower shall, at the request of the lender, provide the true information about the business activities and financial status related to the loan.
Article 670 Interest on a loan shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan will be repaid according to the actual loan amount and the interest will be calculated.