1. IOU: If the creditor does not claim the right, the prescription cannot be calculated. Therefore, the general limitation of action is three years, counting from the date when the creditor claims the right and the debtor refuses to perform the obligation. If the creditor fails to claim the right, the longest limitation period shall apply, which is 20 years from the date when the creditor-debtor relationship occurs. If it has been more than 20 years, the people's court will not protect it.
2. IOUs: According to the judicial interpretation, the debtor should consider the interruption of the statute of limitations when issuing IOUs. If the creditor fails to claim rights after the limitation of action is interrupted, the limitation of action shall be recalculated from the day after the creditor receives the debt written by the debtor.
First, the statute of limitations for IOUs.
1. iou for the agreed repayment period: the limitation of action is 3 years from the day after the repayment period expires;
2. IOUs with no agreed repayment period: According to Article 206 of the Contract Law, if the loan period is not agreed or clearly agreed, the borrower may return it at any time, and the lender may urge the borrower to return it within a reasonable period. Accordingly, if there is no agreed repayment period, the statute of limitations of the IOU shall be calculated for three years from the day after the lender claims to return it.
20 17 10 1 Article 188 of the General Principles of the Civil Law of People's Republic of China (PRC) and the provisions of national laws on the limitation of action: the limitation of action for requesting the people's court to protect civil rights is three years. Except as otherwise provided by law.
Second, the statute of limitations of IOUs.
1. IOU with agreed repayment period: the limitation of action is 3 years from the day after the repayment period expires. It should be noted that this kind of cause of action should be the basic legal relationship.
2. IOUs with no agreed repayment period: the Supreme People's Court pointed out in the Reply on when to start calculating the limitation period for IOUs with no repayment date due to the debtor's non-performance of debts after the expiration of the agreed period [Fa Fu (1994) No.35]]: "The two parties originally agreed that the supplier should pay immediately after delivery, but the buyer had no money to pay after receiving the goods, and with the consent of the supplier, he wrote an IOU with no repayment date.
According to Article 140 of General Principles of Civil Law, the interruption of limitation of action should be recognized. If the supplier does not claim the right after the interruption of the limitation of action, the limitation of action shall be recalculated from the day after the supplier receives the written arrears from the buyer. Therefore, the limitation of action for such arrears should be calculated from the date when the arrears are issued.
20 17 10 1 Article 188 of the General Principles of the Civil Law of People's Republic of China (PRC) and the provisions of national laws on the limitation of action: the limitation of action for requesting the people's court to protect civil rights is three years. Except as otherwise provided by law.
Extended data
IOUs usually apply to the following situations:
1. When buying goods or products, I have to write a debit note because I can't pay or pay all the money of others.
2. The money and things borrowed from others or units have not been paid by then, or not paid in full, and some are still in arrears. Then you need to write an IOU.
3. Borrowing personal or public money and things, and the certificate after completion can also be called IOUs.
References:
Baidu encyclopedia-IOUs
References:
Baidu encyclopedia-IOUs