Which is more legally binding, an agreement or a letter of commitment?

Agreements and commitments are legally binding. The difference between the two is that the agreement is made on the basis of both parties' conscious expression, and the letter of commitment is made on the basis of unilateral conscious expression. As long as the agreement and the letter of commitment do not violate the mandatory provisions of laws and regulations, and the meaning is true and not coerced, the agreement and the letter of commitment are legally binding.

Legal analysis

As long as the contents of the undertaking do not violate the current national laws and regulations, social morality and good folk customs, it can be protected by law, that is to say, it has legal effect. In fact, the letter of commitment is equivalent to the agreement. Brief introduction of acceptance letter: acceptance letter means that the promisor completely agrees with the offeror's offer and expresses it in writing. Usually, a contract is required to be concluded in writing, and its promise must also be in writing. A valid letter of commitment or guarantee must meet the following three conditions at the same time: 1. It reflects the true wishes of all parties. The contents of the letter of commitment or guarantee shall be the expression of the true meaning of the parties concerned, and shall not be forced, threatened, lured or deceived. 2. There is no violation of relevant laws and regulations. The contents of the letter of commitment or guarantee must comply with the provisions of the law and cannot violate the prohibitive provisions of laws or administrative regulations, otherwise the letter of commitment may be invalid. 3. Do not infringe upon the interests of others. The promisor can only dispose of what he has the right to dispose of, but not infringe upon the legitimate interests of others.

legal ground

People's Republic of China (PRC) Civil Code

Article 143 A civil juristic act that meets the following conditions is valid: (1) The actor has corresponding capacity for civil conduct; (2) the meaning is true; (three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

Article 490 Where the parties conclude a contract in the form of a contract, the contract is formed when the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.