IS A SIMPLE TILKHAT SUBSTITUTE TO A LEGAL DOCUMENT?
⚡️QUESTION;
A person is not taking a large amount of money from me. When he received the money from me, he wrote a receipt saying that he would return the money after 5 months, but he has not given it for a year. My question is, can I get my money back based on the receipt he wrote?
⚡️ANSWER;
According to Article 733 of the second part of the Civil Code, if the citizens lend to each other in the amount of ten times the BHM, i.e. more than 3 million soums, in such a case, a written loan agreement is required. That is, if you lend someone more than 3 million soums, you will need to conclude a written loan agreement with him.
❗️ However, there is one more norm in the above article 👇
If there is a receipt from the borrower or another document confirming that a certain amount or a certain number of items have been handed over to him by the lender, the loan agreement is said to be concluded in writing.
✏️ What does this mean? This norm corresponds to your situation. That is, you did not sign a real written contract with the person who gave you the loan. You trusted him and only received one receipt from him, right? Therefore, based on the norm indicated by the above handbook, you will not be considered to have entered into a written contract with him by receiving a receipt from him, and by submitting that receipt to the court, you can get back the money you gave him.
✏️ If there are those among you who have given a loan to someone and did not sign a contract with him, did not receive a receipt, did not have other reasons to confirm that they gave a loan, and do not recognize the person who took the loan, keep practicing running. The reason is that in this case, you have to run after the borrower for a long time 🏃♂
