1. A letter of commitment signed between husband and wife may not be valid.
2. The Marriage Guarantee and the Property Agreement are legal and valid if they are true expressions of both parties and do not violate the existing laws.
3, but specific to the case, you need to explore the specific situation to determine. For example, a letter of guarantee with valid conditions requires the parties to prove the realization of the conditions.
4. Moreover, there are often punitive clauses in the letter of guarantee, such as "giving up all property due to mistakes" and compensation of100000 yuan. Many times, these are not the true meaning of the parties. For marital loans, the relevant laws clearly stipulate that it can be regarded as an agreement on property between husband and wife, and marital loans can also be protected by law.
In addition, the "marital bond" is a kind of "gentleman's agreement" to a great extent, and the parties want to win the initiative in divorce proceedings. It is not enough to rely solely on the letter of guarantee, but also to have legal evidence.
6. In court, if one party does not approve the contents of the letter of guarantee, it is not easy for the other party to produce reliable evidence to prove the legality and effectiveness of the letter of guarantee.
7. Legal provisions: Article 484 of the Civil Code of People's Republic of China (PRC) stipulates that the effective time of notification acceptance shall be governed by the provisions of Article 137 of this Law.
If the acceptance does not need to be notified, it will take effect when the acceptance is made according to the requirements of trading habits or offers.
Second, does the letter of commitment have legal effect?
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.
In short, whether the letter of commitment has legal effect mainly depends on whether it meets the above three conditions. Of course, in practice, only a letter of commitment that expresses the true meaning of the parties concerned and does not violate the relevant provisions of the law or infringe upon the interests of others is valid and will be protected by law.
The above is "Is the law of husband and wife signing a letter of commitment valid?" We can understand that the law stipulates that the signing of a letter of commitment by husband and wife may not be effective, and I hope it will help you. If there are other questions, there are also professional lawyers' online consulting services. You are welcome to have legal consultation again.