Will JD.COM sue the IOUs?

JD。 The debt can be sued, and the debtor should fulfill the obligation of payment.

Legal basis:

Article 108 of the General Principles of the Civil Law stipulates: "The debt shall be paid off. If it is temporarily unable to repay, it may be repaid by the debtor in installments with the consent of the creditor or the ruling of the people's court. Those who have the ability to repay and refuse to repay shall be forced to repay by the people's court. " Therefore, it is certain that the debtor must repay the debt.

Extended data:

Legal obligations of the debtor

In the debt relationship, the debtor has the obligation to undertake certain actions or omissions to the other party (creditor) according to the agreed conditions.

In the relationship of debt, the debtor is specific, and only the debtor must bear the obligation to deliver property, provide services and implement or not implement certain actions to creditors.

Debt transfer

If the debtor transfers all or part of its contractual obligations to a third party, it shall obtain the consent of the creditor.

Where laws and administrative regulations stipulate that the transfer of rights or obligations shall go through the formalities of approval and registration, such provisions shall prevail.

With the consent of the other party, one party may transfer its rights and obligations in the contract to a third party.

Legitimate right

Starting from the principle of fairness, the contract law gives the debtor many rights:

1. At the same time, exercise the right of defense. In a bilateral contract, if one party who should perform at the same time has evidence to prove that the other party cannot perform at the same time or in accordance with the agreement, it has the right to continue to perform the payment obligation. This right to continue to pay is to simultaneously perform the right of defense.

Article 66 of the Contract Law stipulates: "If the parties owe each other debts and fail to perform them in order, they shall perform them at the same time. One party has the right to reject the performance requirements of the other party before performance. One party has the right to refuse the corresponding performance requirements of the other party when the performance of the debt is not in conformity with the contract. "

Second, the right of defense after performance. In a bilateral contract, the party who should perform first fails to perform or fails to perform as agreed, and the other party who fails to perform or partially fails to perform at the time of performance has rights, which is the right of defense after performance.

Article 67 of the Contract Law stipulates: "If the parties owe each other debts and have the order of performance, the party who performs first fails to perform, and the party who performs later has the right to refuse its performance requirements. If the first performing party does not meet the agreement, the second performing party has the right to refuse its corresponding performance requirements. "

Source of reference: Baidu Encyclopedia-General Principles of People's Republic of China (PRC) Civil Law