1. Is the debit note without fingerprint valid?
The IOUs are not printed by fingerprints. If there is a signature or seal, it is generally valid. An IOU is not valid by handprint, as long as it has an autograph or handprint, but it must be the name on the ID card, and write down the borrower, lender, amount, loan repayment date and whether interest is included.
You don't have to print money. Handprint is a way to sign IOUs, but if there is no legal provision and the parties have no other agreement, signature or seal is also an effective way to sign. As long as it is an IOU concluded according to law, the IOU is valid.
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 of the Civil Code provides that 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.
2. How long is the validity of the IOU?
(1) From the perspective of the limitation of action, if the repayment date is indicated in the IOU, the limitation of action shall be calculated for three years from the day after the repayment date.
(2) If the repayment date is not agreed, it indicates that the contract has an indefinite performance period, and the creditor has the right to demand the debtor to perform the debt at any time, provided that the other party is given the necessary preparation time. In this case, there are actually the following types to determine the starting point of the limitation period:
1. If the creditor urged the debtor to perform immediately at that time, but actually failed to perform, the limitation of action shall be three years from the day after the urging. There is no time limit for creditors to demand payment.
2. If the parties have agreed on a clear time limit for performance, but in fact both parties have changed the contents of the contract and changed the debt with unclear time limit into a debt with clear time limit, then if the debtor fails to perform the debt at the expiration of the time limit, the limitation of action shall be calculated for three years from the day after the expiration of the time limit.
3. Where the creditor claims rights from the debtor, and the debtor explicitly refuses to perform, and there is an intention to deny the existence of the creditor's rights, the limitation of action shall be calculated from the day after the date of refusal, regardless of whether the creditor has stipulated a grace period or not, and regardless of whether the period has expired.
4. When the creditor claims to the debtor to perform the debt, and the debtor fails to explicitly refuse, both parties agree to have a grace period for performing the debt. At the expiration of this period, no matter whether the debtor explicitly refuses to perform the debt or not, as long as the debtor fails to perform objectively, the limitation of action shall be counted for three years from the day after the expiration of this grace period.
If there is no fingerprint, but there is a borrower's signature, the loan is valid. IOUs have two validity periods, one is three years and the other is twenty years. The basis for dividing the validity period of IOUs is whether there is a clear repayment time in IOUs. If there is a clear repayment time in the IOU, the first validity period applies; If not, the second validity period applies.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 668 of the Civil Code.
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 provide true information on the business activities and financial status related to the loan as required by the lender.