Everyone may have heard of other people's verbal promises, but often these verbal promises have not been specifically implemented, which is what we often say, but the legal verbal promises are effective. So is it effective for verbal promises? What kind of commitment is effective? Let's see what kind of promises are effective and what kind of promises are effective.
1. Is the verbal commitment valid? What kind of commitment is effective?
Oral promises have the same legal effect.
A civil juristic act may take written form, oral form or other forms. Where the law provides for the use of specific forms, such provisions shall prevail. As long as the representative of the third party is true, there is no situation that the civil legal act should be deemed invalid, revocable or changeable due to fraud or coercion, and the parties have evidence to prove the contents of their oral commitment, the oral commitment has legal effect.
The law requires that civil activities should follow the principles of voluntariness, fairness, equal compensation, honesty and trustworthiness. Since ancient times, China has had the value concept of "people can't stand without faith". Therefore, the representative of the third party described in the question should fulfill his obligations according to his verbal commitment. This is both a moral requirement and a legal requirement. However, verbal promises are unstable. If the other party refuses to admit it, and the parties can't provide evidence effectively, it may lead to the situation that the other party may fulfill its promise or not. Therefore, it is very important to restore the objective situation at that time, that is, it is very important for the parties to prove the content promised by the other party.
Article 56 of the General Principles of the Civil Law of People's Republic of China (PRC) stipulates that a civil juristic act may take written form, oral form or other forms. Where the law provides for the use of specific forms, such provisions shall prevail.
Article 57 of the General Principles of the Civil Law of People's Republic of China (PRC) stipulates that a civil juristic act shall take legal effect from the date of its establishment, and the actor shall not change or terminate it at will unless it is in accordance with the law or with the consent of the other party.
Second, how to solve the developer's verbal commitment breach of contract?
If it is a verbal commitment made in the process of concluding a house purchase contract, it should be part of the house purchase contract and have legal effect, and the developer should abide by the contract. However, it is difficult to prove oral commitment in practice, so it is suggested to take appropriate measures to fix the evidence.
Article 10 The parties may conclude a contract in writing, orally or in other forms.
Oral commitment is the content of the contract! But this needs evidence to prove that if it is proved to be true and the developer deliberately causes another kind of loss, it can be considered as fraud!
III. Requirements for Letter of Commitment
The letter of commitment is actually a contract, and of course it has legal effect. However, an effective undertaking must meet the following three conditions at the same time:
1 is a reflection of the true wishes of the parties. The content of the letter of commitment shall be the expression of the true meaning of the parties, and shall not be forced, threatened, 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. Do not infringe upon the interests of others. The promisor can only dispose of what he has the right to dispose of, but not infringe upon the legitimate interests of others.
I only brought you these. Is verbal commitment valid? What kind of commitment is effective? Generally speaking, oral promises can take effect as long as certain conditions are met, which we should be clear about. Welcome to consult relevant lawyers, who will give you professional answers.