Legal analysis: The similarities and differences between the two mainly depend on the content recorded in the letter of commitment and the letter of guarantee. The difference cannot be accurately explained simply in words, because if the letter of commitment is written in the nature of a guarantee, the commitment is also guarantee.
Legal basis: "The People's Republic of China and the Civil Code"
Article 425: To guarantee the performance of a debt, the debtor or a third party pledges his movables If the movable property is given to a creditor, the creditor shall have priority in receiving payment for the movable property if the debtor fails to perform due debts or the circumstances agreed by the parties to realize the pledge occur. The debtor or third party specified in the preceding paragraph shall be the pledger, the creditor shall be the pledgee, and the movable property delivered shall be the pledged property.
Article 427: To establish a right of pledge, the parties concerned shall enter into a pledge contract in writing. A pledge contract generally includes the following clauses: (1) The type and amount of the guaranteed creditor's rights; (2) The time limit for the debtor to perform its debt; (3) The name and quantity of the pledged property; (4) The scope of the guarantee; (5) The pledge The time and manner of delivery of property.
Article 434 If the pledgee transfers the pledge without the consent of the pledgor during the existence of the pledge, resulting in damage or loss of the pledged property, he shall be liable for compensation.
Article 440: The following rights that the debtor or a third party has the right to dispose of may be pledged: (1) bills of exchange, promissory notes, and checks; (2) bonds and deposit certificates; (3) warehouses bills and bills of lading; (4) transferable fund shares and equity; (5) transferable property rights in intellectual property rights such as registered trademark rights, patent rights, copyrights, etc.; (6) existing and future accounts receivable (7) Other property rights that can be pledged according to laws and administrative regulations.