1, both husband and wife have corresponding capacity for civil conduct;
2. The IOU expresses the true meaning of both husband and wife;
3. The IOUs played by husband and wife did not violate the mandatory provisions of laws and administrative regulations, nor did they violate the public order and good customs of society.
The particularity of IOUs between husband and wife lies in the particularity of IOUs subject, that is, the parties of IOUs are husband and wife. According to the relevant laws and regulations, there can be a loan relationship between husband and wife, and the joint property of husband and wife can be lent to one party, which belongs to the agreed disposition of the joint property of husband and wife. Therefore, during the marriage relationship, one spouse can issue an IOU to the other. There is no difference between the IOUs between husband and wife and ordinary IOUs. It can be written as follows: IOUs owe xxx yuan (in words) and xx yuan (RMB), and the interest is xx, which should be returned before xx, xx. If it is not returned within the time limit, it shall pay liquidated damages according to xx standard.
Debtor: xxx
Xx year xx month xx day
The IOUs written between husband and wife are the same as ordinary ones. Both parties' identities are indicated first, and then the loan amount is indicated. Usually, the amount is expressed in capital. Then it shows the source of the money, that is, who borrowed the money, loan interest, repayment time and so on. Finally, both parties signed the loan contract and pressed their fingerprints. This kind of just person had better write down the time of borrowing at last, and put his thumb on the borrower's name. In marriage, most of them should press the IOU, which is written by the husband and wife during the marriage relationship, that is, the creditor-debtor relationship between husband and wife. Therefore, it should include the following:
1. Write down the full legal names of the borrower and lender.
2. Write down the loan amount clearly, including the amount in words and figures.
3. Write clearly the term of the loan, including the start and end date of the loan and a clear term of the loan.
It is best for borrowers to write IOUs by hand, but pay attention to the writing norms. Printed IOUs have the same legal effect, but they are easy to forge. The borrower's signature should also be thumbprinted. The borrower's information must be clearly written with the ID number, and the borrower should be required to provide the original for verification when writing the loan.
The functions and differences of IOUs, IOUs and receipts are as follows:
A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest. An iou is a loan certificate, which proves the contractual relationship between the two parties. An IOU proves the relationship of debt, and an IOU proves the relationship of loan. A loan is definitely a debt, but a debt is not necessarily a loan. An iou is a certificate issued by the debtor to the creditor after the transaction to prove the fact of its arrears and the obligation of repayment due. This is a solution to the past economic exchanges between the two sides. Business relationship, labor relationship, enterprise contract relationship, damages, etc. There may be IOUs, which are only used when borrowing money. An iou is a legal document that proves the fact that debts have occurred due to all economic relations, and its scope is far greater than that of an iou. An iou is only a document that proves the relationship between borrowing and lending. Receipt is the receipt of the other party's property, which can not prove the relationship between creditor's rights and debts, but can prove the settlement of debts, and can resist IOUs and IOUs.
Legal basis:
Article 143 of the Civil Code of People's Republic of China (PRC)
A civil juristic act is valid if the following conditions are met:
(1) The actor has corresponding capacity for civil conduct;
(2) the meaning is true;
(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.