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Whether the borrower is valid if the IOU is not written

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Whether the borrower is valid if the IOU is not written


        

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  • 2024-06-06 08:00:03

    The IOU without the borrower's name is invalid, which means it has no legal effect. The borrower's name is necessary for the IOU.

    1、 The writing of the IOU shall include the following contents:

    1. The identity information of the debtor and the creditor;

    2. Amount and purpose of arrears;

    3. Whether interest is paid;

    4. Whether the repayment date is agreed;

    5. The debtor signs for confirmation;

    6. The time of writing the IOU.

    2、 The IOUs that cannot be protected by law include:

    1. The IOU concluded by a person without civil capacity;

    2. The promissory note concluded by the actor and the counterpart with false intention;

    3. The contents of the IOU violate the public order, good customs or the law.

    [Legal Basis]

    In Article 668 of the Civil Code of the People's Republic of China, a loan contract shall be in writing, except where the loan between natural persons is otherwise agreed.

    The contents of a loan contract generally include terms such as the type, currency, purpose, amount, interest rate, term and repayment method of the loan.

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