According to the law of our country, if there is no agreement to pay interest in the loan contract, it is regarded as interest-free.
If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.
legal ground
Article 680 of the Civil Code prohibits high-interest lending, and the lending rate shall not violate the relevant provisions of the state.
If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest.
If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.
(a) deliberately write the wrong name when playing IOUs
Case: Wang and his son borrowed 200,000 yuan from a friend, and made a debit note, agreeing to repay the arrears and interest one year later. Unexpectedly, Wang and his son played a trick when signing the loan, and deliberately wrote it. Zhang Zongxiang didn't pay attention at that time. After the repayment period, Zhang Zongxiang found two people urging for a loan, but they refused to return the loan on the grounds that the name of the loan was not Zhang Zongxiang. In desperation, Wang and his son were brought to court. Although the court supported Zhang's claim, he also paid a huge price for his carelessness in accepting the loan.
(2) Failing to write the IOUs in person.
Case: Wang Xiangzhang borrowed 10000 yuan. When Zhang asked Wang to write the loan, Wang said that he went outside to find a pen and paper to write the loan, left the scene and came back soon. He gave the loan to Zhang, and Zhang saw that the amount of the loan was correct and gave it to Wang. After Zhang asked for money, Wang refused to accept it. Zhang had no choice but to sue the court, and the court entrusted the relevant departments to identify the handwriting and confirmed that the loan was not written by Wang. After verification by the court, Wang admitted that the loan was true and was written by others imitating their own handwriting.
(C) the use of ambiguity
1 case: Li borrowed 10000 yuan from Zhou and issued an IOU to Zhou. A year later, Li returned 5,000 yuan, so he asked Zhou to tear up the original IOU and issued a new IOU for Zhou: "Li borrowed cash from Zhou 10000 yuan, and now he still owes 5,000 yuan." The word "return" here can be understood as both "return" and "still owe". According to the relevant provisions of the Civil Procedure Law, "whoever claims and gives evidence", Zhou can't give other evidence to prove that Li still owes him 45,000 yuan, so his rights are not protected.
Case 2: Zhang borrowed 3,000 yuan in cash from Wang and issued a debit note to Wang: "Zhang borrowed 3,000 yuan in cash, August 2005 17". The late king sued the people's court for borrowing money. Zhang argued in court that the loan confirmed that Wang borrowed 3,000 yuan and asked Wang to return 3,000 yuan in cash. It was later confirmed that when Zhang wrote the loan, he deliberately wrote the borrower's name after the cash of 3000 yuan in the blank space behind the word "borrow", which caused the loan to be vague, so as to achieve the purpose of not repaying the loan.
(d) Replace "borrow" with "accept"
Case: Li borrowed 7,000 yuan from Sun, and issued a receipt for Sun: "Receipt, I received 7,000 yuan from Sun today". After Sun sued the court, Li said in his defense that Sun's receipt owed him 7,000 yuan. Because Sun wrote him an iou, he wrote a receipt to Sun. Similarly, "receipt, I received a certain yuan today."
(5) Property is indivisible.
Case: Zheng gave Qian a batch of sesame oil. When issuing the receipt, Zheng wrote: "The gross weight of a box of sesame oil money owed today is 800 yuan." This practice of stealing "gold" for yuan has made the value worse by 10 times.
(6) Write your own IOUs
Case: Ding borrowed 20,000 yuan from Zhou, and Zhou wrote the loan himself. Seeing that the loan amount was correct, Ding signed the loan note. The following week, he sued for repayment of the loan120,000 yuan with an iou signed by Ding. Ding wants to argue but has nothing to say. Later, it was found that Zhou left an appropriate gap in front of 20000, and Ding added "1" after signing.
(7) Dual-use IOUs
Case: Liu Xiang borrowed 18000 yuan. Issue a receipt: "borrow cash 18000 yuan, Liu". After Liu returned the money, he issued a receipt for Liu on the grounds that the IOUs were lost. The third person, Xu, appealed to Liu to repay the loan 18000 yuan.
(8) Do not write interest on the IOUs.
Case: Li and Sun negotiated a loan of RMB 10000, and the agreed interest rate was 2% per annum. Li wrote on the loan slip: I borrow Sun cash 10000 yuan today. Considering that the two sides are acquaintances, Sun did not insist on writing interest on the IOUs. The grandson sued Li for repayment of principal and interest. After trial, the people's court rejected Sun's claim for interest according to Article 2 1 1 of the Contract Law, "If there is no agreement or unclear agreement on interest payment in the loan contract between natural persons, it shall be deemed that interest will not be paid".
An iou is a kind of voucher, so you should be careful when you write a receipt.
An IOU is a written loan certificate issued by the borrower to the lender. In real life, IOUs will also be used by people with ulterior motives who are greedy for money as a means to cheat money, thus causing you to suffer relief losses. In addition, there are two issues related to lending funds and materials that need friends' attention:
First, when you borrow money, don't lend it to the other party if you know that the other party will be used for illegal activities. According to the laws of China, the loan is not protected by law. If the other party doesn't pay back the money, it can't be protected through litigation.
Second, if there is an agreed repayment period, it should claim its rights within two years after the expiration of the repayment period, that is, bring a lawsuit to the people's court. According to the law of our country, the limitation of action for the parties to request the people's court to protect their civil rights is two years. If the borrower brings a lawsuit to the people's court two years after the maturity of the loan, but there is no statute of limitations to suspend, interrupt or extend it, it will lose the right to win the case.