A letter of guarantee that meets the following conditions has legal effect:
1. The parties must have corresponding civil capacity:
(1) As a party to the contract, a natural person must Have the prescribed capacity for civil conduct;
(2) Legal persons and unincorporated organizations that are the subject of the contract have different capacities. Legal persons and unincorporated organizations can only engage in economic activities within the registered and approved business scope. Only contracts signed by legal persons and unincorporated organizations within the scope of their business are protected by law;
2. True expression of intention:
(1) All civil laws Conditions for the effectiveness of the act;
(2) If the intention of the parties to the contract is untrue, or by means of fraud or coercion, or takes advantage of others' danger, or acts to evade the law, or if the intention is contrary to the true intention Any inappropriate behavior will result in the contract not having legal effect;
3. Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Legal basis: Article 144 of the "People's Republic of China and Civil Code"
Civil legal acts performed by persons without capacity for civil conduct are invalid.
Article 145
Civil legal acts performed by persons with limited capacity for civil conduct that are purely for profit or civil legal acts that are commensurate with their age, intelligence, and mental health conditions Valid; other civil legal acts performed shall be valid upon consent or ratification by the legal agent.
The counterparty may urge the legal representative to ratify it within thirty days from the date of receipt of the notice. If the legal representative fails to make any representation, it shall be deemed as a refusal to ratify. Before a civil legal act is ratified, a bona fide counterparty has the right to revoke it. Cancellation shall be made by notification.