First, the difference between IOUs and IOUs:
1, meaning and corresponding legal relationship are different: IOUs are generally reflected in the legal loan contract relationship, and IOUs are evidence of loan contracts; IOUs are often the reconciliation between the parties, which is a relatively pure creditor-debtor relationship.
2. The reasons are different: IOUs are generally based on the fact of borrowing; But IOUs may be the result of various legal relationships, such as buying and selling, services and so on.
3, the difference of legal consequences:
(1) The statute of limitations of IOUs and IOUs with no specific repayment period is different: for IOUs with no repayment period, the creditor can also ask the debtor to repay at any time; When the debtor issues an IOU with no repayment period, the creditor shall claim the rights to the people's court within three years from the date of issuance of the IOU, that is to say, the IOU with no performance period shall be counted from the date of issuance.
(2) The burden of proof is different: generally, the IOU holder only needs to simply state the borrowing facts to the judge; The holder of the IOU must state the facts of the IOU to the judge. If the other party denies it, the IOU holder must provide further evidence to prove the fact of IOU formation.
In view of the difference between IOUs and IOUs, we should pay attention to the writing of IOUs and IOUs.
Two, complete IOUs or IOUs should include:
1. Reasons for arrears and loans (things);
2, the exact amount of arrears, loans, the name, quantity and amount should be expressed in capital;
3. The repayment time of the loan (object) and the payment period of the arrears should be clear;
4, the liability for breach of contract should be clearly written, such as interest;
5. If necessary, it shall be signed by the guarantor, and the guarantee period and responsibility shall be indicated.
In addition, it should be noted that:
1, the lines should be compact and no extra space should be left.
2. It is best to attach the ID numbers of the lender and the borrower to the IOUs and IOUs to avoid unnecessary disputes.
3. The signature should be true, and it should be signed in person to prevent the borrower or signer of the loan from signing with others, and finally refuse to recognize the loan.
4. Try to avoid using different languages. Simple and single-meaning IOUs are the most standard IOUs.
5. Pay attention to writing when the repayment time is directly related to the limitation of action.
Third, the IOU template
Owe a note
The total price of the product of-(ID number-) is RMB 65,438+10,000 Yuan only, RMB 90,000 Yuan has been paid, and the remaining RMB 65,438+10,000 Yuan will be paid off before this year 10. I am willing to pay two ten thousandths of interest for every day's delay.
Debtor (signature):-(ID number:-)
Year month day.
Iv. IOU template
receipt for a loan
I borrowed-(ID number:-) RMB Yuan only (used for-) today, which was paid off on-(before).
Borrower (signature):-(ID number:-)
Year month day.
To sum up, this paper summarizes three differences between IOUs and IOUs: different meanings and corresponding legal relationships, different reasons and different legal consequences.