The law clearly stipulates that a mental patient who can't identify his own behavior is a person without civil capacity, and his civil activities should be represented by his legal representative. The act of writing IOUs for others during the onset of mental illness is invalid without the consent of his legal representative. And the creditor has no evidence to prove that the mental patient did receive the loan. According to the relevant provisions of the Civil Law of People's Republic of China (PRC), the IOUs issued by mental patients are invalid.
Matters needing attention in writing IOUs are as follows:
1. The IOU is a voucher to pay or demand the arrears, so don't scribble when writing the IOU. At the same time, the white strip should be kept well to prevent it from being lost;
2. IOU is a kind of loan certificate in people's daily communication, which is generally not legally binding. Therefore, when necessary, you can go through certain legal procedures to prevent future troubles;
3. The IOUs must be legible and cannot be altered. In case of change, the changing party shall affix the official seal (private seal) or personal signature at the change place.
In judicial practice, the civil behavior of mental patients has no legal effect, and the law also clearly stipulates the main requirements when signing IOUs. The borrower should not sign with the mental patient, but can generally identify the debit note with the guardian of the mental patient. In this case, it has legal effect.
laws and regulations
People's Republic of China (PRC) Civil Code
Article 153 A civil juristic act that violates the mandatory provisions of laws and administrative regulations is invalid. However, unless mandatory provisions do not invalidate civil legal acts. A civil legal act that violates public order and good customs is invalid. Article 154 A civil legal act in which the actor colludes with the counterpart in bad faith and damages the legitimate rights and interests of others is invalid. Article 155 A civil juristic act that is invalid or revoked is not legally binding from the beginning.