As the modern socio-economic process continues to develop, you have plenty of money in your hands, and there are people around you who want to borrow your money. But there's a question in many people's minds, is the receipt legal? How long is the time limit for the receipt of a receipt? The lawyer's compendium then summarizes your knowledge for your analysis and for your information。
Is the receipt legal?
Receipts have the force of law。
Receipts are divided into internal receipts and external receipts. External receipts, on the other hand, can be divided into three categories, depending on the unit of the producer, the ministry of finance, the force monitoring and the tax administration. The normal invoices can be divided into three categories, namely, deposit bonds, invoice unions and bookkeeping. Invoices and receipts are the documents issued at the time of receipt of payment and, in addition to the most direct differences in the entries, there are differences in types, roles and management。
Legal basis: article 197 of the law of the people's republic of china on contracts
Borrowing contracts are in writing, unless borrowing between natural persons is otherwise agreed. The contents of the borrowing contract include terms such as type of borrowing, currency, purpose, amount, interest rate, duration and manner of repayment。
How long is the receipt due?
The time limit for the receipt is two years。
In accordance with article 135 of our general civil code, “the limitation period for filing a request for protection of civil rights with the people's court shall be two years, unless otherwise provided by law”. This indicates that our general statute of limitations for civil proceedings is two years. Upon expiry of the statute of limitations, the right of the right-holder automatically extinguishes. If there is a fact that the limitation period has been interrupted and suspended, the limitation period may also be “extensioned”, i. E. Recalculated in the event of interruption, where the period of suspension is removed and continued to run。
The receipt has been valid as evidence since its issuance; but to prove anything else with this receipt, it is necessary to comply with the two-year statute of limitations with other evidence。
1. The main provisions focus on the general principles of civil law of the people's republic of china and the provisions of the supreme people's court on certain issues concerning the proper statute of limitations for the consideration of civil cases。
The statute of limitations is generally divided into two years, a short one year and a maximum of 20 years. If you look at the relevant provisions, you will understand. General principles of civil law of the people's republic of china
Chapter vii statute of limitations
Article 135. The statute of limitations for applications to the people's court for protection of civil rights is two years, unless otherwise provided by law。
Article 136. The following period of limitation shall be one year:
(i) the claim for compensation for physical injury;
(ii) undeclared sales of goods of inadequate quality;
(iii) delayed or refused payment of rent;
(iv) if the deposit has been lost or destroyed。
Article 137 the limitation period begins when the right is known or ought to have been violated. However, the people's courts do not protect the rights from the violation for more than 20 years. In exceptional cases, the people's court may extend the limitation period。
Article 138. A person who has performed it voluntarily is not subject to the statute of limitations。
Article 139 if, during the last six months of the statute of limitations period, the claim cannot be exercised due to force majeure or other impediments, the statute of limitations period is suspended. The limitation period continues to run from the date the reasons for the suspension of the limitation period have been eliminated。
Article 140. The limitation period is interrupted by the institution of proceedings, the filing of a claim by one of the parties or the agreement to perform the obligation. The limitation period is recalculated from the moment of interruption。
What is the difference between receipt and invoice?
1. Different definitions: receipts are evidence of money transfers and are not directly related to taxation. Invoices are evidence of business transfer and are directly related to taxation。
2. The accounting records differ: receipts may only be received for transactions, and receipts may not serve as costs, fees or income, but only as evidence of the receipt of transactions, and invoices are not only evidence of receipts and disbursements, and receipts and disbursements against invoices can be treated as costs, fees or revenues, that is, they are original documents of costs, fees or revenues incurred。
3. Discrepancies in the evidence: the invoice can only prove that the business has taken place, that the payment has not been made, and can be used as a proof of reimbursement and charged to the cost; the receipt, on the other hand, is a receipt of payment that can only prove the cash relationship that occurred and cannot be included in the cost. The legal validity of the receipt is shared here, and there are also questions about the legal advice, bottom message or private correspondence。
