1. This letter of guarantee is the true intention of the parties;
2. The content of the letter of guarantee does not violate the relevant provisions of laws and regulations;
3. The content of the guarantee does not violate public order and good customs.
What are the conditions for the letter of guarantee to take effect?
A letter of guarantee is actually a kind of contract, and of course it has legal effect. However, an effective letter of guarantee must meet the following three conditions at the same time
1. It is a reflection of the true wishes of the parties. The content of the letter of guarantee should be the expression of the true meaning of the parties, and can not be forced or threatened or lured or deceived;
2. There is no violation of relevant laws and regulations, and the contents of the letter of guarantee must comply with the laws and regulations, and cannot violate the prohibitive provisions of laws or administrative regulations, otherwise the letter of guarantee may be invalid;
3. The interests of others have not been infringed. The guarantor can only dispose of things that he has the right to dispose of, but not infringe upon the legitimate interests of others.
How to make the letter of guarantee legally effective
A letter of guarantee is a letter when an individual or a collective expresses its determination and provides a guarantee to an organization. The content of the letter of guarantee should be practical and specific, be realistic, and do what you say, and don't overdo it.
1. write the word "guarantee" in the center of the first line, and the font is larger than the text.
2. Write the name of the party who accepts or guarantees.
3. At the beginning of the text, you can briefly describe your understanding of a job. Then, write down the specific matters you are determined to do or the specific contents of the guarantee, and it is best to list them separately.
4. at the end, you can write words of respect, such as "this salute".
5. Write the name and date of the party who wrote the letter of guarantee.
meaning and characteristics of the letter of guarantee
the letter of guarantee is a kind of application document written by some collectives or individuals in daily life, daily work or study, which is promising and guaranteed.
the guarantee mentioned here is different from the guarantee of legal documents. Like the resolution, it is an instrument used by individuals, collectives and units to make guarantees or express their determination in response to the call of superiors to carry out their work and complete their tasks. A written guarantee or written material expressing determination to correct or repent after doing something wrong or making a mistake is also called a letter of guarantee or determination. A letter of guarantee or resolution has the function of mobilizing people's enthusiasm and restraining people's behavior. By writing a letter of guarantee or resolution, people can be mobilized to think of ways and measures to ensure the implementation of the call, < P > resulting in a situation in which people gather firewood with high flames. Although the letter of guarantee and the letter of determination are not legal documents and have no legal effect, they are individuals. Collective or unit voluntarily concluded, and asked the relevant leaders and the masses to give guidance, inspection and supervision, which produced a binding force, and the sponsor of the letter of guarantee and the letter of determination will consciously act within the scope of the stipulated terms to ensure the implementation of the terms and the completion of the task.
to sum up, the main features of the letter of guarantee are commitment and oath. It is a collective or individual's oath to a higher-level organization, leading organ or individual to complete a job or not to make some mistakes again. The content of the guarantee can and must be achieved.
Legal basis:
Article 143 of the Civil Code of the People's Republic of China
A civil juristic act that meets the following conditions is valid
(1) The actor has corresponding capacity for civil conduct;
(2) meaning is true;
(3) it does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.