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According to Article 59 of the General Principles of the Civil Law, if the actor has a major misunderstanding of the content of the act and is obviously unfair, the party has the right to request the people's court or arbitration authority to change or revoke it. The types of voidable contracts are:
Contracts with material misunderstandings; manifestly unfair contracts; contracts that have been fraudulently signed; contracts entered into under duress; A contract entered into by one party taking advantage of the danger of others. The contract you signed with the school should be boiled down to being obviously unfair or coerced (not the original employer of the previous agreement), so the contract can be changed to a voidable contract, and the school does not comply with the Civil Code in doing so.
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This letter of commitment is obviously illegal, first of all, you are under duress to sign the letter of commitment (if you go through the judicial process, you must provide relevant evidence to prove, such as the relevant witness certificate of the new unit, etc.), and secondly, the terms of the letter of commitment are suspected of being unfair.
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1. After the original employer and the new employee have a labor or labor relationship, the new employee's expenses shall be paid by the original employer, and there is a labor contract or labor contract between them.
2. There are no relevant laws and regulations to support the original unit's refusal to let go of your personnel relationship. So I don't think you can ask for a fee with this letter of commitment.
3 There are a few things you need to pay attention to: the time when you submitted your resignation application, the salary paid to you by your original employer, and your employment contract.
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This is the only way to write a letter of commitment in this way. Under normal circumstances, a letter of commitment needs to meet certain conditions before it can be valid. In accordance with the provisions of the Civil Procedure Law, civil juristic acts that meet the following conditions are valid:
1. Both parties to the letter of commitment need to have the corresponding capacity for civil conduct; 2. The letter of commitment expresses the true intention of the parties; 3. Do not violate the mandatory provisions of the law and the regulations of the government, and do not violate public order and good customs.
[Legal basis].Zhongtong Zihua People's Republic of China Civil Law Bureau Zhen Jue Code Article 143 [Conditions for the validity of civil juristic acts] 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.
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Legal Analysis: Has legal effect. The letter of commitment is actually a kind of contract and has legal effect.
Legal basis: Article 143 of the Civil Code of the People's Republic of China 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 the law and administrative regulations, and do not violate public order and good customs.
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Legal Analysis: The letter of commitment itself has the force of law. A legally effective commitment letter shall meet three basic conditions:
1. The actor has the corresponding capacity for civil conduct; Rather, the meaning means true; It does not violate the law or the public interest.
2. The meaning of the expression of reputation is closed to the truth;
3. It does not violate the law or the public interest.
Legal basis: Article 143 of the Civil Code of the People's Republic of China 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;
Sanqing crack) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.
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Legal Analysis: Has legal effect. A letter of commitment is actually a type of contract and has the force of law.
Legal basis: Article 143 of the Civil Code of the People's Republic of China.
Civil juristic acts that meet the following conditions are valid:
A: 1) The actor rolls forward and 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.
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Legal analysis: the commitment letter that violates the mandatory provisions of laws and administrative regulations and violates public order and good customs is invalid; The letter of commitment that means the true meaning of the ominous branch is invalid; The written undertaking that the perpetrator does not have the corresponding capacity for civil conduct is invalid. A letter of commitment is the intention of the promisor to fully agree to the offeror's offer, expressed in writing.
Contracts are usually required to be concluded in writing, and the commitment must also be in writing.
Legal basis: Article 143 of the Civil Code of the People's Republic of China Civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct; Heng Zai.
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.
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Legal analysis: the commitment letter that violates the mandatory provisions of laws and administrative regulations and violates public order and good customs is invalid; The undertaking that the expression of intent is untrue is invalid; The Chengliang slag promise that the actor does not have the corresponding capacity for civil conduct is invalid. The letter of undertaking is the intention of the promisor to quietly fully agree with the offeror's offer, which is expressed in writing.
The jujube type is usually a contract that requires that it be concluded in writing, and its commitment must also be in writing.
Legal basis: Article 143 of the Civil Code of the People's Republic of China 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.
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The letter of commitment shall indicate the following contents: title, specific content of the commitment; the object of the commitment; Commitments; Signature of the pledgee and date. The letter of commitment shall be an expression of the person's true intentions, and must not contain content that violates the mandatory provisions of laws and administrative laws.
[Legal basis].Article 143 of the Civil Code of the People's Republic of China.
Civil juristic acts that meet the conditions for the next land column 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.
Article 144.
Civil juristic acts carried out by persons without capacity for civil conduct are invalid.
If the debt is repaid, the person who borrowed the money signs a repayment commitment to be valid. If someone else signs this repayment commitment, it is equivalent to transferring the debtor, and the repayment commitment signed by the student on behalf of the father should be invalid. FYI.
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