Current location - Loan Platform Complete Network - Bank loan - Does the IOU written by a married man to his lover have legal effect?
Does the IOU written by a married man to his lover have legal effect?
Yes, as long as there is no external force when writing this IOU, it has legal effect. As long as it is written by the payee and the debtor in person, it is legally binding. But it must be voluntary by the payee or debtor, not coerced, that is, the contents expressed in the receipt and debt are true. The IOUs between the two parties belong to the creditor's rights relationship. Unless both parties have untrue intentions, their identities will not affect the formation of the creditor-debtor relationship between them.

Legal analysis

The IOUs in the prescribed format are concluded between lovers, and the meaning of both parties is true, and the debt relationship is true, which should be recognized as valid by law. An iou is a written document showing the relationship between creditor's rights and debts. The act of borrowing in the name of an individual belongs to the category of personal debt, and the debit note formally written and signed by the debtor has legal effect. According to the provisions of China's Civil Code, a contract is legal and effective as long as it has the elements of the contract, the qualifications of the parties, the determination of the subject matter, the relationship between rights and obligations, the signature and seal by fingerprints, the expression of the will of both parties, and does not violate the legal provisions and public order and good customs. IOUs generally consist of three parts: title, text and signature. (1) title. Write the word "IOU" in big font in the middle of the top of the text. (2) the text. The subject of the IOU should write down what the person or unit owes, what it owes and how much it owes, and indicate the repayment date. (3) signature. Signature should be accompanied by the name of the owed unit and the personal signature of the handler, and the personal name of the owed party should be attached to the debit note issued by the individual. Meanwhile, the date of signing the debt.

legal ground

People's Republic of China (PRC) Civil Code

Article 667 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 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.