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Is it legally effective to write IOUs on mobile phones?
With the development of science and technology, many paper documents can be replaced by data documents. Then, in the process of borrowing money, you can use mobile phone text messages to make a debit note. Whether SMS can be used as evidence or replace written IOUs depends on the objectivity, legality and relevance of SMS. If the short message is indeed edited and sent by the borrower himself, and the mobile phone number of the short message is owned by the borrower, and the content of the short message has not been modified by the lender, in this case, the content of borrowing money in the short message can play a role in proving the written loan.
It is better to write IOUs or IOUs in paper materials, so the evidence is easier to keep. There are certain risks in sending short messages, and there may be the possibility of unclear expression or deletion of short messages.
Legal basis:
Article 469 of the Civil Code of People's Republic of China (PRC) * * * The parties may conclude a contract in writing, orally or in other forms.
Written form refers to contracts, letters, telegrams, telexes, faxes and other forms that can tangibly express the contents contained.
A data message that can tangibly express its content through electronic data interchange, e-mail, etc. , and can be retrieved at any time, are considered in writing.
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