Legal analysis: An IOU handwritten by the other party, as long as the meaning is true and does not violate the provisions of the law, is of course legally binding. If it is handwritten by yourself, it must be signed by the other party or updated with a fingerprint. good. If the other party wants to claim invalidity, unless it can prove that the IOU was written under circumstances such as coercion and unable to express the true meaning of the writer, even then it cannot be said that it has no legal effect. In terms of contract law, this IOU is revocable. Yes, the revocation must be made by the court. Of course, once revoked, it will be invalid from the beginning. If the repayment period is clearly stipulated in the IOU, the IOU will be valid within 2 years from the date of the repayment period. If there is no clear agreement on the repayment period, it will be valid within 2 years from the date when the right is first claimed. If the parties conclude a contract in the form of a contract, they shall sign or seal it. If the parties concerned place their fingerprints on the contract, the people's court shall determine that it has the same legal effect as a signature or seal. An IOU is a proof of borrowing. It is legally valid as long as it is not illegal and the interest does not exceed four times the bank's interest rate for the same period. The specific requirements are as follows:
1. The borrower must handwrite the full text of the IOU and sign it. It is best not to Print, and do not use multiple handwritings;
2. The content of the IOU must be stated accurately and clearly to avoid ambiguity;
3. It is required to clearly state the loan time, purpose of the loan, interest agreement, Repayment period;
4. When the lender pays the money, try not to pay in cash, especially for large loans, it must be done through bank transfer, and the other party’s account name must be the same as the borrower;
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5. If the other party has poor credit or repayment ability, you can ask for a guarantee or guarantor.
Legal basis: "The People's Republic of China and the Civil Code"
Article 667: The loan contract means that the borrower borrows money from the lender and returns the loan and pays when due interest contract.
Article 668: A loan contract shall be in written form, unless otherwise agreed upon for a loan between natural persons. The content of a loan contract generally includes terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.