An IOU is a written document indicating the relationship between creditor's rights and debts, which is generally written and signed by the debtor, indicating that the debtor has owed the creditor the amount indicated in the IOU. An iou refers to a bill written to the other party when borrowing personal or public cash or goods, that is, an iou.
After the money and goods are returned, the bill is revoked or torn by the bill holder. This is a document. Usually used in daily life and business management.
From a legal point of view, an IOU is a written document showing the relationship between creditor's rights and debts, which is generally written and signed by the debtor, indicating that the debtor has owed the creditor the amount indicated on the IOU.
risk prevention
(1) Whether the supporting evidence is complete or not
In addition to properly keeping the IOUs, creditors should also pay attention to keeping other evidence that can prove their claims, such as transfer records. If you transfer money through WeChat or Alipay, it is best to indicate the nature of the loan and the information that other IOUs should have in the form of postscript or materials, and ask the debtor to issue a written IOUs afterwards.
(two) to verify and clarify the identity of the subject
First of all, the creditor should check the debtor's identity document and ask the debtor to write the loan in person to avoid hidden dangers caused by others signing on his behalf. If the IOU is printed, it is best to ask the borrower to sign, stamp and fingerprint the borrower's signature column.
(3) It is clear whether the borrower borrows in the name of a natural person or a company. Legally speaking, the legal representative or person in charge can engage in civil acts including payment on behalf of the company or enterprise. If the creditor is not clear about the identity of the debtor, there may be confusion about the identity of the borrower. The direct consequence is that creditors will face mutual prevarication between companies or enterprises and borrowers in future lawsuits, which will bring trouble to the realization of creditor's rights.
legal ground
Article 143 of the Civil Code of People's Republic of China (PRC)
A civil juristic act that meets the following conditions is valid:
(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.
Article 668
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 six hundred and eighty
It is forbidden to lend at high interest rate, 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.