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Changsha the main differences between private lending IOU IOU

in judicial practice, the Changsha between natural persons or natural persons, and non-borrowing between financial institutions known as "lending", which are different from commercial loans. In lending, promissory note or promise to pay civil legal relations often plays an important role for vouchers, but ious and turn in the legal nature and legal effect there is a huge difference, without distinction between the combination can lead to protection of the legitimate interests of the parties to be legally effective.

lending analysis of ious and promise to pay the difference between the two is as follows:

first, are you sure to private lending, the case and the trial is different.

IOU description itself can borrow debt arising from legal relations between the parties, IOU is debt caused by basic legal fact in itself.

IOU itself only shows existing debtor-creditor relationship between the parties, but only with ious themselves not clear what basis legal relations of debtor-creditor relationship. Loans, traffic accidents, intentional injury, in ious because money debtor-creditor relationship between the parties documents, but the IOU voucher does not correspond directly to a lending relationship.

in the lawsuit, creditor filed, debtors or guarantors to the underlying legal relationship validity and enforceability of the fact contested and there is evidence to prove that disputes arising from other legal relationships arising from, in principle, in accordance with the basic law for trial.

IOU in principle with the borrowing of case and trial. But ious but not necessarily, with the basic legal relationship may be.

during the second, does not specify the term of repayment, IOU IOU litigation prescription is different.

1, lenders according to the promissory note lawsuit does not specify the term of repayment, lenders require borrowers to meet their obligations the grace period counted from the date of expiration of the Statute of limitations.

does not specify the repayment term ious, return of the creditor of the debtor borrowing date has been set, the debtor shall repay the loan, but because of the time limit to be determined, so return does not exist in the law of the debtor's obligations. Lenders require borrowers to meet their obligations before the expiry of the grace period, the creditor has no right to demand immediate repayment of the debtor.

while the Statute of limitations is from the right people know or should have known that their rights have been infringed upon commencement. So not agreed a repayment deadline of IOU, only lenders require the borrower to fulfill obligations after the expiration of the grace period, personnel have an obligation to repay the loan debt, debtors could not meet repayment obligations so as to infringe upon the interests of creditors and litigation prescription.

2, lenders reference does not indicate the terms of ious lawsuit, starting from the next day ious issued by calculating the Statute of limitations, but known as ious, it is for the IOU and according to the provisions of the preceding paragraph.

have stated the date of ious issued by the borrowers has been legally responsible for repayment of obligations, issued by a borrower not meet repayment obligations have been infringed when the ious to creditors ' legal rights, shall be allowed the Statute of limitations.

not agreed repayment period and issue ious fashion without calculating the Statute of limitations, but has already started to calculate the date of ious issued by the Statute of limitations. Lending limitation is 2 years.

in conclusion, IOU IOU one word is different. Changsha parties strictly distinguish between these differences in lending to protect their legal rights.

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