What is the validity of the undertakings of minors voluntarily bearing all the consequences

1. If a minor is under the age of 8, the contract concluded is invalid in principle. However, it is valid after being recognized by the legal ** person. 2. Minors aged 8-16 years old are valid when they sign contracts for pure benefits, and the rest of the contracts are only valid after being recognized by the statutory ** person.

3. If you have reached the age of 16, as long as there are no other defects in the validity of the contract, the contract is valid.

Legal analysis

Whether a contract signed with a minor is valid is divided into the following situations: 1. Citizens over the age of 16 but under the age of 18 who rely on their own labor as their main livelihood shall be regarded as persons with full capacity for civil conduct. At this time, the minor has the right to conclude a contract in accordance with the principle of freedom of contract, and it is not illegal to sign a contract with another person, as long as the contract is not otherwise defective, the contract is valid.

2. Minors over the age of 8 are persons with limited capacity for civil conduct, and may carry out civil activities appropriate to their age and intelligence. At this time, the minor can enter into a contract for pure benefits, such as a gift contract as a donee. After other contracts are recognized by the statutory person, the contract is valid, and if the legal person refuses to recognize, the contract is invalid.

3. Minors under the age of eight who are incapacitated for civil conduct can only be legally involved in civil activities. In principle, there is no right to conclude a contract, but if the contract concluded is recognized by its legal person, the contract is valid. The counterpart may urge the statutory ** person to make a retrospective recognition within one month.

If the statutory ** person does not make an expression, it shall be deemed to be a refusal to recognize. Before the contract is recognized, the bona fide counterparty has the right to revoke, that is, it does not know whether the other party is a person with limited capacity or a person with no civil capacity at the time of signing the contract. The revocation shall be made by way of notification.

First of all, the formation of a contract refers to an agreement reached by the parties to the contract by expressing their unanimous intentions. The following conditions must be met for the formation of a contract: 1. There are two or more parties to the contract.

2. The parties to the contract reach an agreement on the main terms of the contract. 3. The establishment of the contract shall have two stages: offer and acceptance. Secondly, for a contract that has already been established, there must be certain requirements for it to take effect in order to be legally binding.

Legal basis

Civil Code of the People's Republic of China

Article 20: Minors under the age of 8 are persons with no capacity for civil conduct, and their legally-prescribed persons are to carry out civil juristic acts.

Article 145:Civil juristic acts carried out by persons with limited capacity for civil conduct that are purely for the benefit of the individual, or civil juristic acts appropriate to their age, intelligence, or mental health are valid; Other civil juristic acts carried out are effective after being approved or recognized by the legally-prescribed person. The counterpart may urge the legally-prescribed person to make a retrospective recognition within 30 days from the date of receipt of the notice. If the statutory ** person does not make an expression, it shall be deemed to be a refusal to recognize.

Before a civil juristic act is recognized, the bona fide counterpart has the right to revoke it. The revocation shall be made by way of notification.

Under 8 years old: Invalid.

Over 8 years old: see whether the minor himself can foresee the consequences of the act, and whether the minor can bear all these consequences. It is valid if the minor clearly understands the "all the consequences" and has the ability to bear the consequences.

Generally speaking, if the letter of commitment is financial or guarantee, and the subject amount is too large for the minor to bear in his or her own capacity, it needs to be recognized by the legal ** person before it takes effect.

Legal analysis: The adult does not have full civil capacity, so the so-called commitment to voluntarily bear all the consequences has no legal effect.

Legal basis: Article 19 of the Civil Code of the People's Republic of China Article 19 Minors over the age of eight are limited to persons with civil capacity, and the implementation of civil juristic acts shall be carried out by their statutory ** person ** or with the consent and recognition of their legal ** person; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.

Legal analysis: Minors do not have full capacity for civil conduct, so the so-called commitment to voluntarily bear all the consequences has no legal effect.

Legal basis: Civil Code of the People's Republic of China Article 19 Minors over the age of eight are persons who are limited in their ability to make concessions in civil acts, and the implementation of civil juristic acts shall be carried out by their legally-designated **person** or with the consent of their legally-designated **person, posthumously recognized by the Douxiang Bureau; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their age and intelligence.

1. Whether the pledge is a student or a parent.

1. The pledge of minors is generally the guardian. The guardian generally refers to the parents, and the letter of commitment is the intention of the promisor to fully agree to the offer of the internal offeror, which is expressed in writing. That is, the person who writes the written promise is the promiser.

2. Legal basis: Article 27 of the Civil Code of the People's Republic of China.

The parent, Zheng Yuan, is the guardian of the minor child.

Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents;

2) brother and sister;

3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the minor's residence.

Article 28.

Adults who lack or have limited capacity for civil conduct are to be guardians in the following order by persons with guardianship capacity:

a) Spouse; 2) Parents and children;

3) Other close relatives;

4) Other individuals or organizations that are willing to serve as guardians, but must obtain the consent of the residents' committee, villagers' committee, or civil affairs department for the place where the person under guardianship is dying.

2. What are the requirements for the letter of commitment?

The letter of commitment has the following 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, or out of helplessness;

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

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.

Ward: (Identification Information);

He is a person with no capacity for civil conduct (mentally ill).

Pledgee (Guardian): Identity Information); She is the ward's sister (close relative).

Because the ward is a person with no capacity for civil conduct, the parents are no longer there, and there is no spouse or children, and the pledgee is the ward's sister and the only close relative, in accordance with the provisions of Article 28 of the General Provisions of the Civil Law of the People's Republic of China, as the legal guardian of the ward, make the following commitments:

1. The above statement of the pledgee is true, and it is confirmed that the pledgee is a close family relationship with the ward;

2. The duty of the guardian is to carry out civil legal acts and protect the prisoner.

Guardian's personal rights, property rights, and other legitimate rights and interests.

3. Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear legal responsibility.

4. Guardians shall perform guardianship duties in accordance with the principle of the best interests of the ward. Guardians must not dispose of the ward's property except to protect the ward's interests.

5. Adult guardians performing guardianship duties shall respect the true wishes of the ward to the greatest extent possible, and ensure and assist the ward in carrying out civil juristic acts that are appropriate to their intellectual and mental health status. Guardians must not interfere in matters that the ward has the ability to handle independently.

Pledgee: 2o19/xx/day.

Follow-up: Ward: (identity information);

He is a person with no capacity for civil conduct (mentally ill).

Pledgee (Guardian): Identity Information); She is the ward's sister (close relative).

Because the ward is incapacitated for civil conduct, the parents are no longer there, and there is no spouse or children, and the pledgee is the ward's sister and the only close relative, in accordance with the provisions of Article 28 of the General Provisions of the Civil Law of the People's Republic of China, Jian Jian, as the legal guardian of the ward, makes the following commitments:

1. The above statement of the pledgee is true, and it is confirmed that the pledgee is a close family relationship with the ward;

2. The duty of the guardian is to carry out civil legal acts and protect the prisoner.

Guardian's personal rights, property rights, and other legitimate rights and interests.

3. Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear legal responsibility.

4. Guardians shall perform guardianship duties in accordance with the principle of the best interests of the ward. Guardians must not dispose of the ward's property except to protect the ward's interests.

5. Guardians of adults performing guardianship duties shall respect the true wishes of their wards to the greatest extent possible, and ensure and assist their wards in carrying out civil juristic acts appropriate to their intellectual and mental health conditions. Guardians must not interfere in matters that the ward has the ability to handle independently.

Pledgee: 2o19/xx/day.

At the beginning of the guardianship commitment letter, the guardianship relationship between the guardian and the ward is clearly written, and then the focus of the text is to list the content of their commitments, such as promising that they will resolutely not let minors sit in three-nil vehicles, promising to supervise their children at ordinary times, and promising to cooperate with children to abide by some of the school's rules and regulations. There are no statutory requirements for the content of the guardian's commitment.

Article 28 of the Civil Code of the People's Republic of China provides that adults who lack or have limited capacity for civil conduct are to be guardians in order by the following persons with guardianship capacity:

a) Spouse; 2) Parents and children;

3) Other close relatives;

4) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the ward's residence.

Article 27 of the Civil Code of the People's Republic of China provides that parents are the guardians of their minor children.

Where a minor's parents are deceased or have no capacity for guardianship, the following persons with guardianship capacity are to serve as guardians in order:

1) Grandparents;

2) brother and sister;

3) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the place where the adult is domiciled.