A guarantee is a promise of the promisor to make corresponding obligations to some promisees within a certain period of time.
Writing requirements:
First, the letter of commitment is the expression of the true will of the signatory. Avoid being a mere formality and going through the motions, and avoid being helpless.
Second, the content of the letter of commitment should be targeted, general and feasible, highlight key points and be concise.
Third, although the undertaking itself has no legal effect, it has binding effect. If you sign a letter of commitment, you must test your integrity.
The signatures of both parties prove that both parties have the same meaning and both parties agree to perform their duties. Both parties have clearly indicated the subject matter, and the format is standardized, with witnesses present. Therefore, when writing a letter of commitment, it is best to write clearly the liability for breach of contract.
There are many letters of guarantee in contemporary society, but some of them are just jokes. For example, the letter of guarantee promised between lovers may not be effective at this time. To be effective, it must be the expression of the true will of the parties, and there is no willingness to joke.
A letter of guarantee is actually a contract, of course it has legal effect, but it must meet the following three conditions at the same time: it is a reflection of the true will 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. No violation of relevant laws and regulations; The content 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. Did 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 basis:
Article 143 of the Civil Code of People's Republic of China (PRC)
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 144 of the Civil Code of People's Republic of China (PRC)
A civil juristic act carried out by a person without capacity for civil conduct is invalid.