If the parties do not agree afterwards, the letter of commitment will be invalid?! 30

If the parties do not agree afterwards, they may apply to the people's court for modification or revocation if they meet the requirements, that is, they can apply to the court for invalidation if the following legal provisions exist, please refer to the following laws and regulations:

Excerpt from the Contract Law of the People's Republic of China:

Article 54 One of the parties has the right to request the people's court or arbitration institution to modify or revoke the following contracts:

1) It was concluded due to a major misunderstanding;

2) It is obviously unfair at the time of the conclusion of the contract.

If one party uses fraud, coercion or taking advantage of the danger of others to cause the other party to enter into a contract contrary to its true intentions, the injured party has the right to request the people's court or arbitration institution to modify or revoke it.

Where a party requests a modification, the people's court or arbitration institution must not revoke it.

Unless there is evidence, signing means that he is willing to bear it, otherwise what is the point of signing, why should he sign?

A contract against the will of the parties is invalid and can only be notarized.

If the signer has the authorization of the signee, the letter of commitment has legal effect on the signee.

The law requires that civil activities should follow the principles of voluntariness, fairness, equivalent compensation, honesty and trustworthiness, and as long as the pledgee is not subject to fraud, coercion, material misunderstanding, or other circumstances that meet the requirements of invalid or revocable or modifiable civil juristic acts at the time of writing the pledge, the pledge will have legal effect.

The pledgee shall perform the agreement between the two parties in accordance with the content contained in the pledge. Whether or not to sign a letter of commitment is a decision made by the parties themselves after careful consideration and weighing the pros and cons.

Civil juristic acts have legal effect from the time they are established, and the actor may not arbitrarily modify or rescind them unless in accordance with the provisions of law or with the consent of the other party.

General Principles of the Civil Law of the People's Republic of China

Article 55: Civil juristic acts shall meet the following requirements:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) It does not violate the law or the public interest.

Article 56: Civil juristic acts may be in written, oral, or other forms. Where the law provides for the use of a specific form, it shall be in accordance with the provisions of law.

Article 57: Civil juristic acts are legally binding from the time they are established. The actor must not modify or terminate it without authorization except in accordance with the provisions of law or with the consent of the other party.

If the company is in arrears of wages, and the arrears have been in arrears for a long time, then it must be reported to the court to settle and apply for a payment order, don't make any promises, the boss and shareholders partner to deceive you, and as soon as the boss runs away, then the other shareholders will not admit the account.

Personally, I think that signing the letter of commitment at this time is not the point, your purpose is to get the salary, the letter of commitment is the personal credit certificate that you get the salary (the boss is not the company), the legal effect is not high, if you sign it to show that you trust the boss, then even if the boss can not fulfill the promise you need to bear some responsibility. Personally, I think it is more advantageous to claim rights in court for breach of contract clauses based on the employment contract between you and the company. Don't you have the right to get your wages back if you don't sign that pledge?

As for your boss, it depends on whether he signed the letter of commitment in bad faith or in good faith, whether it was voluntary or forced, and so on.

The letter of commitment clearly states that the content of the guarantee is legally valid, which is equivalent to a letter of guarantee.

Letter of commitment? What is this stuff? I know there are contracts, agreements, conventions, clauses, ......You may be talking about this, generally the above content must be permitted by law, and have the signatures or fingerprints of both parties and witnesses ......Otherwise, it is invalid.

Content from user: MBBM

There are two elements that affect the legal validity of a unilateral undertaking guarantee: first, whether there is an expression of intent to conclude a contract. From the perspective of contract law, the conclusion of any contract must be expressed by the true intentions of both parties.

Although a letter of unilateral undertaking is unilaterally issued by one of the parties, it is similar if it is clearly expressed in the letter of undertaking guarantee"Willing to bear joint and several guarantee liability"If the other party also expresses acceptance, then the expression of intent in the act of guarantee shall be deemed to have been presented. Second, whether the form and content of the unilateral undertaking guarantee letter comply with the provisions of relevant laws. Article 22 of the Judicial Interpretation of the Security Law stipulates that if a third party unilaterally issues a letter of guarantee to the creditor in writing, and the creditor accepts it without raising any objection, the guarantee contract shall be established.

In Case 1, the undertaking made by the parties in the letter of undertaking met the requirements of the judicial interpretation of the Guarantee Law, and the court held that the guarantee contract had taken effect. In Case 2, what the parties promised was it"Within 14 days from the date of the bank's request, the borrower will be provided with a guarantee obligation and a guarantee contract will be signed"Therefore, although the letter of commitment has a clear expression of the intention to provide the guarantee obligation, it also indicates that a separate written guarantee contract will be signed, which means that the letter of commitment is only an offer to enter into a contract, not an effective guarantee contract, and the court held that the guarantee contract is not established. Banks should pay attention to the following aspects when accepting the documents and materials provided by customers for the implementation of guarantee obligations:

First, the form of the guarantee contract. In accordance with Article 13 of the Guarantee Law and the Judicial Interpretation of the Guarantee Law

Yes. It is a unilateral act and is binding on the promisor.

The letter of commitment has a law.

The source of the law.

The Promiser to the Offer.

The offer of the person who fully agrees with the meaning of the written form of the expression. Contracts for DAOs are usually required to be concluded in writing, and the commitments must also be in writing. As stipulated in Article 3 of the Economic Contract Law of the People's Republic of China:

Economic contracts, except for those that are immediately settled, shall be in written form. The term "written form" here includes a letter of commitment.

Yes, but it is not possible to use coercion and inducement to get the other party to write a letter of commitment, it must be voluntary on both sides, and there must be a third witness.

Letters of commitment are valid if they are voluntarily signed.

To be legally valid, three conditions must be met:

1. The letter of commitment is a true expression of the intention of one party;

2. The content of the letter of commitment does not violate the relevant provisions of laws and regulations;

3. The content of the letter of commitment does not violate the principle of public order and good customs.

Not necessarily, it depends on whether it is legal or not.

1. The letter of commitment is actually a kind of contract, which of course has legal effect.

2. If the content of the letter of commitment does not violate the current laws and regulations of the country and the social morality and good folk customs, it can receive the protection of the law.

3. In accordance with Article 58 of the General Principles of the Civil Law of the People's Republic of China, civil acts shall meet the following conditions:

1) The perpetrator has the corresponding capacity for civil conduct; Rather, the meaning means true;

3. It does not violate the law or the public interest. Article 56: (Civil acts may be in written, oral, or other forms.) Where the provisions of the law are in a specific form, it shall be in accordance with the provisions of the law).

4. Article 57 (Civil juristic acts shall be legally binding from the time they are established.) The actor shall not modify or terminate it without authorization except in accordance with the provisions of law or with the consent of the other party), the "Letter of Commitment" signed by the applicant fully meets the constitutive elements of a valid civil juristic act, and is legally binding on the applicant in accordance with law.

Writing Requirements:

1. The letter of commitment is an expression of the true will of the signatory, and it is forbidden to engage in formality, go through the motions, and avoid helplessness.

2. The content of the letter of commitment should be targeted, general, feasible, highlight the key points, and be concise and concise.

3. Although the letter of commitment itself has no legal effect, it has a binding effect, and the signing of the letter of commitment must test the integrity.

Letter of Commitment A letter of commitment is actually a type of contract and of course has the force of law, however, a valid letter of commitment must.

A letter of commitment is the intention of the promisor to fully agree with the offeror's offer, which is expressed in writing. Contracts are usually required to be concluded in writing, and the commitment must also be in writing.

If the content of the letter of commitment does not violate the current laws and regulations of the country, social morality, and good folk customs, etc., it can receive the protection of the law, that is, it has legal effect. In fact, a letter of commitment is equivalent to an agreement.

Article 143 of the General Provisions of the Civil Law stipulates that civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

A promise is a contractual relationship of promise (unilateral agreement contract), which lies in the performance or voluntary performance of the parties, and as long as the voluntary performance is a valid legal act.

However, if the promising party withdraws the commitment, or refuses to perform or refuses to perform the commitment, it is difficult to obtain legal protection. Because even if the contractual relationship is obviously unfair, illegal or in violation of administrative regulations, it is not the expression of the true intention of the parties is invalid.

1. The letter of commitment is actually a kind of contract, which of course has legal effect. A valid letter of undertaking must meet the following three conditions at the same time: a. it is a reflection of the true will of the parties; b. There is no violation of relevant laws and regulations; c. There is no infringement of the interests of others.

2. In short, whether the letter of commitment has legal effect mainly depends on whether the letter of commitment meets the above three conditions. Of course, in practice, only an expression of the true will of the parties, and there is no violation of the relevant provisions of the law and no infringement of the interests of others, can the letter of undertaking be considered valid and be protected by the law.

1. Is the letter of commitment legally valid, and how long is it valid?

The part of the undertaking involving the waiver of rights is pending and can be revoked by the court; Even if it is not revoked, it cannot be determined that you have waived your right to compensation for demolition and relocation on the basis of the letter of undertaking alone, because of the signature and other issues.

2. If the house is demolished in the future, is it really impossible to compensate according to the storefront house, can the village use this letter of commitment as the basis or final evidence for the house demolition and resettlement?

The compensation for house demolition should be implemented according to the nature of the house, and for those who have not applied for a warrant but have been used as a store in history, they should be compensated according to the store standard; The letter of undertaking issued by you cannot be used as the basis for the final determination of the nature of the right.

3. Does my (I am married) signature on the letter of commitment have legal effect, and what are the rights and obligations that I should bear?

If your father clearly states that he will not be recognized, the signature is invalid, because the certificate issued by the village must indicate that the property is owned by your father. As for your signature, it means that you have no right to dispose of it, and strictly speaking, it has no legal effect.

4. If the building is closed for business after a number of years, but only when the house is used, can the letter of commitment be considered invalid?

The validity of the letter of commitment shall be determined in terms of content and form, and shall not change due to the change of use of the building.

5. How long does it take to revoke the undertaking to the court?

If it is to be revoked, it should be filed with the court within one year.

To sum up, in order to avoid the village making a fuss about the letter of commitment, it is recommended to file a lawsuit with the court to confirm that the letter of commitment is invalid and sue in the name of your father.

Exercise bai

The duration of the right of revocation is one year, beyond which it cannot be exercised on any grounds. dao

The exercise of the right to revoke the exclusive right is conditional on the existence of manifest acts that are not fair, or the existence of fraud, coercion and a material misunderstanding of the content of the acts.

As long as the letter of commitment is the true expression of the intention of the parties and the content is legal, it will be legally effective.

If the issue of demolition and relocation is involved, the letter of commitment can be used as evidence against the other party to limit your party's rights in demolition and resettlement.

You are a person with full capacity for civil conduct and should bear corresponding responsibility for your own actions. You signed your father's name, although it does not necessarily constitute **, but the purpose of your signing the letter of commitment is to let the village committee issue a certificate for you, and the purpose of issuing the certificate is to register your father's store.