Does the undertaking have legal effect?

The letter of commitment can have legal effect, but its effect depends on the content of the letter of commitment, the true will of the signer and whether it conforms to the provisions of laws and regulations. When the letter of commitment meets certain legal requirements, it has legal effect and can be used as litigation evidence.

I. Definition and Nature of Commitment Letter

A letter of commitment is a written document, usually made by one or more parties to the other party. It can be a commitment between individuals, individuals and organizations or organizations. The letter of commitment is legally regarded as a contract, which is binding and enforceable.

Second, the elements for the letter of commitment to take effect.

1. The true will of the signatory: the letter of commitment must be a voluntary and true expression of the signatory's will, and there are no improper means such as fraud or coercion.

2. The content is clear and legal: the content of the letter of commitment must be clear and specific, which does not violate the prohibitive provisions of laws and regulations and does not harm the public interest and the legitimate rights and interests of others.

3. Formal compliance: The letter of commitment shall be in written form and signed and sealed in accordance with the law or the agreement of both parties.

Third, the legal effect of the undertaking.

When the letter of commitment meets the above requirements, it has legal effect. This means that if one party fails to fulfill its obligations in the letter of commitment, the other party can seek relief from legal institutions according to the letter of commitment and ask the other party to bear the liability for breach of contract.

In addition, the letter of commitment can also be used as evidence in law. In the process of litigation, the letter of commitment can be used as a basis to prove the relationship between the rights and obligations of the parties, which is helpful for the court to ascertain the facts and make a judgment.

Four. Matters needing attention in the commitment letter

Although the letter of commitment has legal effect, we still need to pay attention to the following matters in actual operation:

1. Consider the commitment carefully: Before signing the commitment, you should read and understand it carefully to ensure that you can fulfill it.

2. Verify the identity and reputation of the other party: Before signing the letter of commitment, verify the identity and reputation of the other party to avoid signing the letter of commitment with criminals or unscrupulous businesses.

3. Preserve relevant evidence: In the process of signing and performing the letter of commitment, relevant evidence should be properly preserved for use as evidence in case of disputes.

To sum up:

The letter of commitment can have legal effect, but it must conform to the true will of the signatory, be clear and legal in content and meet the requirements in form. A legally binding letter of commitment can be used as evidence in litigation and is binding on the rights and obligations between the parties. However, we still need to pay attention to related matters when signing and performing the letter of commitment to avoid potential legal risks.

Legal basis:

Contract law of the people's Republic of China

Article 13 stipulates:

When concluding a contract, the parties take the form of offer and acceptance.

Contract law of the people's Republic of China

Article 25 provides that:

The contract is established when the acceptance takes effect.

Contract law of the people's Republic of China

Article 44 provides that:

A legally established contract shall take effect upon its establishment. Where the laws and administrative regulations stipulate that approval, registration and other procedures shall take effect, such provisions shall prevail.