legal analysis
if the certificate signed by an individual has the intention to conclude a contract, and the form and content of the unilateral commitment letter conform to the provisions of relevant laws, it has legal effect, otherwise it has no legal effect. However, the following three conditions must be met at the same time: 1. It is a reflection of the true wishes of the parties. The content of the letter of commitment should be the expression of the true meaning of the parties, and can not be forced or threatened or lured or deceived. 2. 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. 3. No violation of the interests of others. The promisor can only dispose of the things he has the right to dispose of, but not infringe upon the legitimate interests of others. There are two elements that affect the legal effect of the certificate signed by an individual: first, whether there is a sign of intention 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 the unilateral commitment letter of guarantee is unilaterally issued by one party, if the expression of intention similar to "willing to undertake joint and several guarantee liabilities" is clearly expressed in the letter of commitment and guarantee, and the other party also expresses its acceptance, then the expression of intention in the act of guarantee shall be deemed to have been possessed. Second, whether the form and content of the unilateral commitment letter comply with the provisions of relevant laws.
legal basis
article 49 of the civil code of the people's Republic of China
if the parties conclude a contract in the form of a contract, the contract shall be formed upon signature and seal of all parties or fingerprinting. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in writing as stipulated by laws and administrative regulations or agreed by the parties. If the parties fail to do so in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.
article 143 a civil juristic act is valid if it meets the following conditions: (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.