[Case].
Xiao Yang happened to meet a man who claimed to be surnamed Huang, and Huang lied that he was in trouble and borrowed 4,000 yuan from Xiao Yang. Xiao Yang drafted an IOU, signed by Huang and put his fingerprint on it, and the loan date was November 24, 2008. Huang verbally promised to repay the loan within 2 months. After that, after Xiao Yang's repeated urgings, Huang always postponed for various reasons, and later turned off his mobile phone, and there was no more news. Later, Xiao Yang learned through a friend's investigation that the name signed by Huang on the IOU was a fake name. So, does this IOU work?If it works, which court will Xiao Yang go to sue?
According to the relevant provisions of the law, if one party uses fraud, coercion or taking advantage of the danger of others to make the other party enter into a contract contrary to its true intentions, the injured party has the right to request the people's court or arbitration institution to modify or revoke the contract. In this case, Huang's act of borrowing money from Xiao Yang under a false name was fraudulent, and the IOU was a revocable and amendable contract. Xiao Yang may file a lawsuit in the court of Huang's place of residence, or if his domicile is inconsistent with his habitual residence, he may file a lawsuit in the court of his habitual residence.
Article 148 of the Civil Code If one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.
Article 25 of the Civil Code: The residence of a natural person recorded in household registration or other valid identity registration shall be his residence;Where the habitual residence is inconsistent with the residence, the habitual residence is deemed to be the residence.
Is an IOU signed with a pseudonym valid?