Borrowing, owing, and closing are widely used in real life. However, because of various non-standard practices, borrowing, owing, and receipt often cause trouble and even bring a lawsuit. Lawyers reminded that "strips" should be cautious, avoid falling into the trap of others, and write "strips" and pay attention to the standardized format and standardized language to avoid unnecessary trouble.
Case 1 Lost money lost 150,000 in March 2006, Wang friend Liu said that he urgently needs money, wants to borrow 150,000 emergency from Wang, and return it in 3 months. Wang was a bold person and agreed to it.
When Liu got 150,000, he gave Wang a loan. Less than three months later, Liu repaid the loan and paid Wang some interest. Liu also asked for the loan to be torn out. But when Wang’s wallet was lost, the loan was lost. Liu asked Wang to write a receipt for Liu, which stated that he received "150,000 yuan from Liu."
Wang thought that the loan relationship ended like this, but in a few days, Liu actually took the receipt to Wang to pay back the money, Wang was mad. Half a month later, Wang received a court summons.
The court held that the receipt was not a debit, not a certificate of credit. Even if the signature of Wang’s signature proves that Wang received Liu’s 150,000 yuan, he cannot prove that the money is the debt owed by Wang. Finally, the court dismissed the prosecution of Liu’s brother-in-law.
Lawyers reminded that when borrowing the law to effect different borrowings, it must be debited and cannot be replaced by receipts. The legal effect of the debit and receipt is different. The borrowing is a simplified loan contract. The legal consequence is that the creditor-debt relationship is established between the parties. The borrower should return the borrower or the item according to the contractor, otherwise the corresponding liability for breach of contract will be assumed. The receipt can only prove the fact that the payment and collection of property occurs between the parties, but it cannot prove that there is a creditor-debtor relationship between the parties, that is, the receipt is not an inevitable evidence of the debt.
Case 2 "Love owes" or not, Huang Jun and Xiaojuan have known each other for more than two years, and the feelings are good. But some time ago, Huang Jun met a new girlfriend and suddenly broke up, which made Xiao Juan difficult to accept. When Xiao Juan sorted out the correspondence materials of the two people, he suddenly found an owe.
Xiaojuan’s eyes lit up. In a sunny morning in May last year, Xiaojuan and Huang Jun met to Xuanwu Lake to play, and the two chatted about the future together, and they were very happy. However, Xiao Juan was afraid that he was injured and made a request. Xiaojuan took out a piece of paper and wrote it in front of Huang Jun. Huang Jun saw it and smashed it.
This is an "Irrigation". It says: I am Huang Jun, and I have a very good relationship with Xiaojuan. I will marry him next year and become a beggar. If I do not cherish Xiaojuan and break up with it, I will pay 200,000 yuan in arrears. I hereby declare. After reading it, Huang Jun laughed, and then said nothing, immediately signed his name, "Reassured, I will never disappoint you!"
But I did not expect that only half a year later, Huang Jun proposed a breakup to Xiaojuan. After Xiaojuan found this owe, she found Huang Jun asking for arrears. In Xiaojuan’s view, she did not really want to owe money, but she hoped that she would “turn it†and change her mind. But Huang Jun immediately refused.
"He did not borrow this money from me, but the name was signed by him, he would have to recognize it!" Xiaojuan said.
The lawyer reminded that "love owed" has no legal effect. If this owe does not include such conditions as "marriage with me", then it is an ordinary loan. It is effective. However, the condition of "marriage with it" is attached to the current owed clause, and this owed clause is invalid. Because marital relationship is a personal relationship, personal relationship can not be mandatory, and such "love owed" clearly violates the legal principle of freedom of marriage and is ineffective.
Case 3 Borrowing money to tell the borrower to pay back the money In May 2007, Wang Jia’s friend Li Yi borrowed 100,000 yuan from Wang Jia for operating the hotel’s lack of money. Wang Jiawan did not expect Li Yi to set a loan for Wang Jia. The trap: Li Yi wrote: Wang Jiajin borrowed 100 yuan from Li Yi, and the loan period was 3 months. The loan was made in duplicate. Below is the signature and date of Li Yi. At the same time, Li B asked Wang Jia to sign and said that it was for his partner to see. Wang Jia did not want to sign. Then the two sides each put together a loan.
Three months later, Li Yi did not pay back the money. After half a year, he still did not pay back the money. Wang Jia went to check the movement and found that Li Yi’s business was very hot. Wang Jia asked Li Yi to pay back the money. Li Yi said that he had no money at the moment and said it at the end of the year. Wang Jiayi listened to the fire and said that he had paid for three months to pay back. He had not paid back for half a year. Besides, you said that Li B’s business was so good and he said that he had no money. The ghost believed it, so he had a quarrel with Li Yi. When Wang Jia went home, he wanted to sue Li Yi, but he still had some concerns.
When he was hesitating, Wang Jia suddenly received a court summons: Li Yi sued Wang Jia for borrowing! Wang Jia was fainted at the time. After Wang Jia hired a lawyer to represent the case. In the court, Mr. Wang Jia submitted to the court the withdrawal certificate at the bank on the day of the loan and the witness at the time. Zhao Bing, an accountant who worked at the Li Yi Hotel, was Zhao who followed the money. The court held that the statement of Wang Jia, the testimony of witness Zhao and the withdrawal certificate of Wang Jia can prove that Li Yi borrowed 100,000 yuan from Wang Jia, instead of Wang Jia borrowing 100,000 yuan from Li Yi. Therefore, Li Yi’s claim was dismissed according to law. This ridiculous case ended here. Although Wang Jia won the lawsuit, he also suffered a lot.
Lawyer's Reminder: Pay attention to the format and language specification when writing a debit. The loan is a clause for the parties to handle the financial, material or business transactions and write to the other party as evidence or explanation. Since the borrowing is generally a civil act, it is best for both parties to ask a third person who has no interest as a witness and pay attention to the format of the borrowing.
In general, the format of the debit is: title, body, signature, and date. In the text, it is best to write the reason and the date of repayment. If the amount is involved, it must be capitalized. At the same time, it should be noted that it is best to include the ID number of the borrower and the borrower in the loan, so as to avoid unnecessary disputes. When the borrower signs, the lender must see his signature with his/her eyes. The writer of the debit is preferably the borrower.
Finally, in the wording of the loan, we should also pay attention to the application of the sentence, try to avoid the use of language that is easy to produce differences, and the simple and semantic single borrowing is the most standard loan. Avoid ambiguous language.
In addition, lawyers reminded that debt disputes should pay attention to the statute of limitations and the owed debts are proof of the relationship between creditor's rights and debts, but there are also obvious differences between them. The borrowings show that the creditor relationship is formed by borrowing, and the debt can not indicate the real reason for the formation of the creditor relationship.
When the borrower holder sues in court by virtue of the article, since the borrower itself is easier to identify and identify the fact of the loan that exists between the parties, the borrower generally only needs to simply state the fact of the loan to the court, and the other party It is generally difficult to repudiate. However, when the holder of the debt owes an indictment to the court, the holder of the debt must state to the judge the fact that the debt is formed. If the other party denies, the holder of the debt must further prove the fact that the debt is formed.
Regardless of whether it is an owed or a loan, attention must be paid to the timeliness of the lawsuit. Generally speaking, if the repayment date is indicated by the debit, the litigation effect is calculated from the next day of the repayment date; if the repayment date is not indicated, the litigation effect is calculated from the day after the lender claims the right. For the arrears, if there is a repayment date, it will be calculated from the next day when the repayment date is full. If there is no repayment date, it will be calculated two years from the day after the arrears are issued.
Finally, you need to be reminded that the loan agreement is different from the loan. That is to say, the loan agreement can only prove that the two parties have reached an agreement on the loan, but whether the money is actually delivered to the borrower, it is necessary to have evidence such as evidence to prove that the payment has been delivered. The debit is a proof that the loan has already occurred. Therefore, do not use the loan agreement as a loan, otherwise your legal rights may not be protected by law.
Case 1 Lost money lost 150,000 in March 2006, Wang friend Liu said that he urgently needs money, wants to borrow 150,000 emergency from Wang, and return it in 3 months. Wang was a bold person and agreed to it.
When Liu got 150,000, he gave Wang a loan. Less than three months later, Liu repaid the loan and paid Wang some interest. Liu also asked for the loan to be torn out. But when Wang’s wallet was lost, the loan was lost. Liu asked Wang to write a receipt for Liu, which stated that he received "150,000 yuan from Liu."
Wang thought that the loan relationship ended like this, but in a few days, Liu actually took the receipt to Wang to pay back the money, Wang was mad. Half a month later, Wang received a court summons.
The court held that the receipt was not a debit, not a certificate of credit. Even if the signature of Wang’s signature proves that Wang received Liu’s 150,000 yuan, he cannot prove that the money is the debt owed by Wang. Finally, the court dismissed the prosecution of Liu’s brother-in-law.
Lawyers reminded that when borrowing the law to effect different borrowings, it must be debited and cannot be replaced by receipts. The legal effect of the debit and receipt is different. The borrowing is a simplified loan contract. The legal consequence is that the creditor-debt relationship is established between the parties. The borrower should return the borrower or the item according to the contractor, otherwise the corresponding liability for breach of contract will be assumed. The receipt can only prove the fact that the payment and collection of property occurs between the parties, but it cannot prove that there is a creditor-debtor relationship between the parties, that is, the receipt is not an inevitable evidence of the debt.
Case 2 "Love owes" or not, Huang Jun and Xiaojuan have known each other for more than two years, and the feelings are good. But some time ago, Huang Jun met a new girlfriend and suddenly broke up, which made Xiao Juan difficult to accept. When Xiao Juan sorted out the correspondence materials of the two people, he suddenly found an owe.
Xiaojuan’s eyes lit up. In a sunny morning in May last year, Xiaojuan and Huang Jun met to Xuanwu Lake to play, and the two chatted about the future together, and they were very happy. However, Xiao Juan was afraid that he was injured and made a request. Xiaojuan took out a piece of paper and wrote it in front of Huang Jun. Huang Jun saw it and smashed it.
This is an "Irrigation". It says: I am Huang Jun, and I have a very good relationship with Xiaojuan. I will marry him next year and become a beggar. If I do not cherish Xiaojuan and break up with it, I will pay 200,000 yuan in arrears. I hereby declare. After reading it, Huang Jun laughed, and then said nothing, immediately signed his name, "Reassured, I will never disappoint you!"
But I did not expect that only half a year later, Huang Jun proposed a breakup to Xiaojuan. After Xiaojuan found this owe, she found Huang Jun asking for arrears. In Xiaojuan’s view, she did not really want to owe money, but she hoped that she would “turn it†and change her mind. But Huang Jun immediately refused.
"He did not borrow this money from me, but the name was signed by him, he would have to recognize it!" Xiaojuan said.
The lawyer reminded that "love owed" has no legal effect. If this owe does not include such conditions as "marriage with me", then it is an ordinary loan. It is effective. However, the condition of "marriage with it" is attached to the current owed clause, and this owed clause is invalid. Because marital relationship is a personal relationship, personal relationship can not be mandatory, and such "love owed" clearly violates the legal principle of freedom of marriage and is ineffective.
Case 3 Borrowing money to tell the borrower to pay back the money In May 2007, Wang Jia’s friend Li Yi borrowed 100,000 yuan from Wang Jia for operating the hotel’s lack of money. Wang Jiawan did not expect Li Yi to set a loan for Wang Jia. The trap: Li Yi wrote: Wang Jiajin borrowed 100 yuan from Li Yi, and the loan period was 3 months. The loan was made in duplicate. Below is the signature and date of Li Yi. At the same time, Li B asked Wang Jia to sign and said that it was for his partner to see. Wang Jia did not want to sign. Then the two sides each put together a loan.
Three months later, Li Yi did not pay back the money. After half a year, he still did not pay back the money. Wang Jia went to check the movement and found that Li Yi’s business was very hot. Wang Jia asked Li Yi to pay back the money. Li Yi said that he had no money at the moment and said it at the end of the year. Wang Jiayi listened to the fire and said that he had paid for three months to pay back. He had not paid back for half a year. Besides, you said that Li B’s business was so good and he said that he had no money. The ghost believed it, so he had a quarrel with Li Yi. When Wang Jia went home, he wanted to sue Li Yi, but he still had some concerns.
When he was hesitating, Wang Jia suddenly received a court summons: Li Yi sued Wang Jia for borrowing! Wang Jia was fainted at the time. After Wang Jia hired a lawyer to represent the case. In the court, Mr. Wang Jia submitted to the court the withdrawal certificate at the bank on the day of the loan and the witness at the time. Zhao Bing, an accountant who worked at the Li Yi Hotel, was Zhao who followed the money. The court held that the statement of Wang Jia, the testimony of witness Zhao and the withdrawal certificate of Wang Jia can prove that Li Yi borrowed 100,000 yuan from Wang Jia, instead of Wang Jia borrowing 100,000 yuan from Li Yi. Therefore, Li Yi’s claim was dismissed according to law. This ridiculous case ended here. Although Wang Jia won the lawsuit, he also suffered a lot.
Lawyer's Reminder: Pay attention to the format and language specification when writing a debit. The loan is a clause for the parties to handle the financial, material or business transactions and write to the other party as evidence or explanation. Since the borrowing is generally a civil act, it is best for both parties to ask a third person who has no interest as a witness and pay attention to the format of the borrowing.
In general, the format of the debit is: title, body, signature, and date. In the text, it is best to write the reason and the date of repayment. If the amount is involved, it must be capitalized. At the same time, it should be noted that it is best to include the ID number of the borrower and the borrower in the loan, so as to avoid unnecessary disputes. When the borrower signs, the lender must see his signature with his/her eyes. The writer of the debit is preferably the borrower.
Finally, in the wording of the loan, we should also pay attention to the application of the sentence, try to avoid the use of language that is easy to produce differences, and the simple and semantic single borrowing is the most standard loan. Avoid ambiguous language.
In addition, lawyers reminded that debt disputes should pay attention to the statute of limitations and the owed debts are proof of the relationship between creditor's rights and debts, but there are also obvious differences between them. The borrowings show that the creditor relationship is formed by borrowing, and the debt can not indicate the real reason for the formation of the creditor relationship.
When the borrower holder sues in court by virtue of the article, since the borrower itself is easier to identify and identify the fact of the loan that exists between the parties, the borrower generally only needs to simply state the fact of the loan to the court, and the other party It is generally difficult to repudiate. However, when the holder of the debt owes an indictment to the court, the holder of the debt must state to the judge the fact that the debt is formed. If the other party denies, the holder of the debt must further prove the fact that the debt is formed.
Regardless of whether it is an owed or a loan, attention must be paid to the timeliness of the lawsuit. Generally speaking, if the repayment date is indicated by the debit, the litigation effect is calculated from the next day of the repayment date; if the repayment date is not indicated, the litigation effect is calculated from the day after the lender claims the right. For the arrears, if there is a repayment date, it will be calculated from the next day when the repayment date is full. If there is no repayment date, it will be calculated two years from the day after the arrears are issued.
Finally, you need to be reminded that the loan agreement is different from the loan. That is to say, the loan agreement can only prove that the two parties have reached an agreement on the loan, but whether the money is actually delivered to the borrower, it is necessary to have evidence such as evidence to prove that the payment has been delivered. The debit is a proof that the loan has already occurred. Therefore, do not use the loan agreement as a loan, otherwise your legal rights may not be protected by law.
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