1, the true meaning of both parties.
2. The content does not violate the relevant provisions of laws and regulations.
3. The content does not violate the principle of public order and good customs. Written evidence signed by the parties has legal effect as long as it does not violate the law, is voluntary and is a true expression of will. If it is signed under duress, it is invalid.
Take the payment of compensation according to the guarantee content in divorce as an example;
Koizumi (a pseudonym) sued the court, claiming that his relationship with her husband Tucki (a pseudonym) had broken down and they could not continue their lives. They have no children born out of wedlock, and they have no property, creditor's rights and debts, so they ask the court for divorce.
After responding to the lawsuit, Tucki (pseudonym) told the judge about Koizumi's extramarital affairs. Tucki (pseudonym) said that after he found out that Koizumi (pseudonym) was cheating, Koizumi (pseudonym) promised many times that he would never cheat again, and wrote a letter of guarantee, which read: "If Koizumi (pseudonym) cheated again in marriage, he would pay Tucki (pseudonym) 20,000 yuan and break his leg" and so on.
After writing the letter of guarantee, Koizumi (pseudonym) cheated again. Tucki (pseudonym) believes that since Koizumi (pseudonym) wrote a letter of guarantee in his marriage, he should fulfill his obligations according to the contents of the letter of guarantee.
At the same time, Tucki (pseudonym) also submitted an iou to the court, claiming that Koizumi (pseudonym) borrowed 6,543,800 yuan from his mother-in-law, saying that he would agree to divorce as long as Koizumi (pseudonym) fulfilled his promises and obligations and repaid his mother 6,543,800 yuan according to the contents of the guarantee.
In this regard, Koizumi (pseudonym) argued that he had never been out of line, that the letter of guarantee was written under the threat of Tucki (pseudonym)' s mother, and that the content of "breaking a leg" in the letter of guarantee was also illegal, and Koizumi (pseudonym) thought that his letter of guarantee was invalid.
During the trial of the case in Xigu District Court, the plaintiff Koizumi (pseudonym) admitted the fact of fraud and expressed his willingness to pay compensation to the defendant Tucki (pseudonym) to repay the loan of Tucki (pseudonym)' s mother.
Finally, the two reached a mediation agreement: the two parties divorced voluntarily, and the plaintiff Koizumi (pseudonym) paid the defendant Tucki (pseudonym) 26,000 yuan in compensation.
Extended data:
Like this case, the letter of guarantee issued by Koizumi (a pseudonym) was written by himself, and there is no evidence to prove that he was coerced when issuing the letter of guarantee, so the content of the letter of guarantee should be considered as his true meaning.
The letter of guarantee clearly stipulates that if both husband and wife violate the duty of loyalty, they need to compensate each other for 20 thousand yuan. This agreement does not violate public order and good customs, and can be regarded as the disposition of all their property by both husband and wife.
Therefore, this part of the agreement has legal effect. In addition, the agreement of "broken leg" obviously violates the law and is naturally invalid.