The IOU can be signed by family members or children, indicating the signature of the borrower's children xx, and the borrower writes the borrower xx on the next line with a handprint.
According to the spirit of General Principles of Civil Law, IOUs have the following elements:
1, which must be something that can prove the fact of debt.
2. It must be the expression of true meaning.
3. IOUs must be legally obtained.
Finally, whether the IOU is valid or not depends on whether the court approves it or not.
Civil litigation follows the general principle of "who advocates, who gives evidence". Paragraph 1 of Article 64 of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "The parties have the responsibility to provide evidence of their own claims." Article 2 of the Supreme People's Court's Provisions on Evidence in Civil Proceedings stipulates: "The parties have the responsibility to provide evidence to prove the facts they claim or refute the facts claimed by the other party. If there is no evidence or the evidence is insufficient to prove the facts of the parties, the parties with the burden of proof shall bear the adverse consequences. "
Do the IOUs signed by others have legal effect?
1. It depends on whether this party ratifies. If it does not ratify, the signatory shall bear corresponding legal responsibilities;
2. Article 66 of the General Principles of the Civil Law has no agency right, exceeds the agency right or acts after the agency right is terminated. Only after being ratified by the agent can he bear civil liability. If the act is not ratified, the actor shall bear civil liability. Knowing that someone else has committed a civil act in my name without denying it is regarded as consent.
It is controversial whether a legal person signs an IOU as a duty or as an individual.
When signing an IOU, it is a duty behavior to ask for the name of a legal representative and affix the official seal. On the contrary, the IOU is written because the company needs funds. This is the official seal. If it is not found that the loan is fully used by the company, it is an individual act and the company assumes the debt.
IOUs are widely used in life and are often used to prove that there is a loan relationship between the parties. So when it comes to owing money, the parties must write IOUs, which is also a guarantee for their own interests.