1 is a reflection of the true wishes of the parties. The content of the letter of commitment shall be the expression of the true meaning of the parties, and shall not be forced, threatened, lured or deceived.
2. No violation of relevant laws and regulations; The contents of the letter of commitment must comply with the provisions of the law and cannot violate the prohibitive provisions of laws or administrative regulations, otherwise it may lead to the invalidity of the letter of commitment.
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.
In short, whether the guarantee has legal effect mainly depends on whether the guarantee meets the above three conditions. Of course, in practice, only a letter of guarantee is valid and protected by law if it is the true intention of the parties and does not violate the relevant provisions of the law and the interests of others.
Extended data:
The effect of law on people has adopted four principles of effect on people in the legal practice of countries all over the world:
(1) Humanism, that is, the law only applies to its own citizens, whether they are at home or abroad; Non-citizens do not apply even within their own territory.
(2) Territorialism, the law applies to all people within the national jurisdiction, whether citizens or not, and they are bound and protected by the law; Citizens who are not in their own country are not bound and protected by their own laws.
(3) Protectionism, that is, to safeguard national interests as the basis for the application of domestic laws; Anyone who infringes on the interests of his country, regardless of his nationality and location, will be investigated by the laws of that country.
(4) Territorialism is dominant, and individualism and protectionism are combined. This is the principle adopted by most countries in modern times. So is our country. The reason for adopting this principle is that we should not only safeguard our own interests and sovereignty, but also respect the sovereignty of other countries and take into account the practical possibilities in the application of the law.
References:
Commitment-Baidu Encyclopedia Legal Effect-Baidu Encyclopedia