[Ke Ke Civil Law Theater] Do you have a rule to borrow—— Do I have to borrow money after signing the IOU?

Liaocheng Procurator

People treat you not because they deserve or you deserve, but because they are kind.

——Ke Ke Reads Plays

Must I borrow something?

youtiaobijie

·Keke Civil Law Theatre

"Brother, let's be honest. You are doing well mainly because you have a good mind, so you have a good eye. You are kind, so you are lucky."

After Zhang San said a few words, Li Mu could not find the north anymore.

In this game today, Zhang San actually wants to borrow some money.

Zhang San had an early eye on a business, that is, to open a small supermarket in the community. There is no convenience supermarket in the community where he lives. Everyone buys a pack of cigarettes and gets to the front door of the community. There are so many garages on the ground here. If you rent a garage, you don't need to decorate it, just put on shelves. Good idea, but he has no money. So he found Li Mu, flattered him, and carried him to the air.

Then he turned around and said, "Brother, you have to help your incompetent brother and lend me 100000 yuan."

Li Mu's head was hot at the moment and said, "Yes."

Zhang San struck while the iron was hot. "Brother, I'll write you an IOU."

After saying that, Zhang San took out his pen and paper and wrote: "I borrowed 100000 yuan from Li Mu today."

When the IOU was placed in front of him, Li Mu woke up half drunk and said that his heart was ruined. How could he come down when the ox blew up. On the face of it, he still had to be calm, pretended not to care and wrote his name, said: "Come to me this afternoon to get money."

In the afternoon, Li Mu traveled overnight.

When Zhang San couldn't find anyone, he called him. His daughter-in-law answered.

Zhang San asked, "Sister in law, where is my brother?"

"Your brother forgot his mobile phone when he went out. What's wrong with you?"

"Yes, my brother agreed to lend me 100000 yuan, which I have to give today."

"Hey, where did your brother get so much money? Don't take what he said seriously."

"Oh, sister-in-law, are you kidding me? My brother can recognize the name written in black and white."

"I've heard that once a friend borrows money, he can't become a friend. It seems that he can't do without borrowing money. If he can't, he can't. My old Li doesn't owe you anything."

·Micro drama review

Once the IOU is signed, should the lender lend it? According to the Civil Code, it is not.

Loan contracts are divided into two categories: financial loan contracts and private loan contracts. Among them, private loan contracts can be divided into two categories: one is a loan contract between pure natural persons, and the other is a loan contract where one party is a non natural person. Among many loan contracts, the loan contract between natural persons is the most special.

The contract in civil law is divided into promise contract and practice contract. A promise is a contract, "a promise is a promise". When both parties agree, the contract is formed. The practice contract, also known as the contract of essential things, cannot lead to the establishment of the contract only by the agreement of the two parties' intentions, and there must be an act of one party actually delivering the subject matter to produce legal effects. The loan contract between natural persons falls into this category. It is formed not when the two parties reach an agreement, but when the loan provided by the lender is accepted by the borrower. Therefore, after the agreement is reached and before the loan is provided, the lender can withdraw the promise, and the borrower has no right to ask the court to force the lender to perform the promise and provide the loan.

The reason for this provision is that loans between pure natural persons are often generated between acquaintances and relatives, and most of them have the nature of free and mutual assistance, so it is not appropriate to add excessive burden to lenders. Even if both parties have signed the so-called IOU, the lender is not obliged to provide the loan to the borrower, and it is the lender's freedom to provide the loan. Before the loan is provided, the lender may have the "right of repentance" and withdraw the promise to avoid losses due to changes in its property status, doubts about the borrower's credit, or other reasons.

At the same time, neither party can agree in advance to let the lender give up its "right of estoppel" in advance. Because if the lender is allowed to give up the right of repentance, it means that the lender does not enjoy the "freedom to lend", but has assumed the "obligation to lend", which violates the original intention of the legislation and the principle of fairness.

Therefore, since Li Mu failed to pay the loan, the contract was not established at all. Zhang San has no right to require Li Mu to perform the contract (loan), nor to require him to bear liability for breach of contract such as damages.