(1) title
The title is written in the middle position above the text, with a slightly larger font. There are two ways to write a title.
One is directly composed of literary names. That is, write "receipt" or "receipt".
The other is to use the first three words of the text as the title, and the text is written down from the top of the second line. If you use "received today?" , "received now" and "received" as the title.
(2) Text
The text is usually written in two blank spaces on the second line, but the receipt titled "Received Today" is not blank. Generally, the following contents should be stated in the text, that is, the amount of money and goods received, the types and specifications of goods, etc.
(3) Signature
It is generally required to write the name of the individual or unit that receives the money, and the specific date of receiving the money is generally stamped with the official seal of the department.
It was handled by someone, and the words "Handler:" are usually put in front of the name. If it is collected on its behalf, the words "consignee:" shall be added before the name.
Legal effect of loan receipt
1. The limitation of action for private lending with agreed repayment period is 2 years from the date of expiration of repayment period. If it expires, it will lose the right to ask the people's court for protection.
2. Regular repayment of private loans. If the borrower fails to perform the debt after the expiration of the agreed period and issues a debt bill with no repayment date, it shall be deemed as interruption of the statute of limitations, and the statute of limitations shall be recalculated for two years from the second day after receiving the debt bill.
3. Private lending without an agreed repayment period is not limited by the statute of limitations of two years, but by the maximum protection period of 20 years.
4. For private loans with no agreed repayment period, if the borrower explicitly refuses to repay, the statute of limitations period of 2 years shall apply from the date when the borrower explicitly refuses to repay.
5. For private lending beyond the limitation of action, if both parties reach a repayment agreement on the original debt, or the borrower signs a reminder, the creditor-debtor relationship is protected by law.
Therefore, if the agreed repayment period of private lending fails to be repaid, a lawsuit shall be filed within 2 years. If there is no agreed repayment period for private lending, as long as the other party explicitly refuses to repay, it is also recommended to file a lawsuit within 2 years.
Because the limitation of two years applies from the date when the borrower explicitly refuses to repay, and the borrower can keep evidence of refusing to repay, such as recording. So in order to fully protect his rights, he should file a lawsuit in time.
Extended data:
From the perspective of traditional civil law theory, the concept of private lending is not rigorous, but the concept of loan contract is more appropriate. There are obvious differences between private lending and loan contract, and the relevant guidance and judicial interpretation of the Supreme Court also distinguish the two concepts.
From the analysis of the relevant guidance of the Supreme Court, compared with the loan contract, private lending has the following particularities:
1, emphasizing loan delivery. A loan contract is a dishonest contract, which generally takes effect when it is signed. The next question is the performance of the contract. If it cannot be performed, the liability for breach of contract shall be investigated. Private lending is a practical contract, which emphasizes the delivery of loans. If it is not delivered, it shall be deemed that there is no borrowing fact.
2. Emphasize the exact amount of loan delivery. Different from the loan contract, the loan amount is only determined by the contract, and private lending is subject to actual delivery. It is common to deduct interest in advance when borrowing money, and this part of interest is regarded as not within the loan amount.
3. Restrict the autonomy of the parties. The essence of contract law lies in the autonomy of will, which emphasizes that the parties are allowed to be autonomous without violating the state's prohibitive provisions; However, private lending cases limit the autonomy of the parties. The most important thing is that the agreed interest rate is not allowed to exceed 4 times the bank loan interest rate in the same period, and the excess will not be supported.
Therefore, in the trial of private lending disputes, we should pay special attention to the review of lending facts. Due to the complexity of the current society, many debt cases caused by various reasons, and the intervention of various "professionals", many illegal loans have been put on a legal coat, and it is increasingly difficult for us to find out the facts of loans in the process of handling cases.
Luoyang Intermediate People's Court-Some Characteristics of Private Lending Compared with Loan Contract