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California Civil Code. California
Читать онлайн.Название California Civil Code
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isbn 9785392109821
Автор произведения California
Жанр Юриспруденция, право
Издательство Проспект
(e) If a customer does not respond in person or by mail to claim possession of the particular die, mold, or form within 120 days following the date the notice was sent, or does not make other contractual arrangements with the molder for storage thereof, all rights and title of the customer shall transfer by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the particular mold, tool, or die as the molder’s own property without any risk of liability to the customer, except that this section shall not be construed in any manner to affect any right of the customer, under federal patent or copyright law or any state or federal law pertaining to unfair competition.
(Amended by Stats. 1981, Ch. 290, Sec. 1.)
ARTICLE 3. Gifts [1146 — 1148]
(Article 3 enacted 1872.)
1146. A gift is a transfer of personal property, made voluntarily, and without consideration.
(Enacted 1872.)
1147. A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee.
(Enacted 1872.)
1148. A gift, other than a gift in view of impending death, cannot be revoked by the giver.
(Amended by Stats. 1991, Ch. 1055, Sec. 2.)
CHAPTER 4. Recording Transfers [1169 — 1220]
(Chapter 4 enacted 1872.)
ARTICLE 2. Mode of Recording [1169 — 1173]
(Article 2 enacted 1872.)
1169. Instruments entitled to be recorded must be recorded by the County Recorder of the county in which the real property affected thereby is situated.
(Enacted 1872.)
[1170.] Section Eleven Hundred and Seventy. An instrument is deemed to be recorded when, being duly acknowledged or proved and certified, it is deposited in the Recorder’s office, with the proper officer, for record. (Amended by Code Amendments 1873-74, Ch. 612.)
1171. Grants, absolute in terms, are to be recorded in one set of books, and mortgages in another.
(Enacted 1872.)
1172. The duties of county recorders, in respect to recording instruments, are prescribed by the Government Code.
(Amended by Stats. 1959, Ch. 593.)
1173. The mode of recording transfers of ships registered under the laws of the United States is regulated by Acts of Congress.
(Enacted 1872.)
ARTICLE 3. Proof and Acknowledgment of Instruments [1180 — 1207]
(Article 3 enacted 1872.)
1180. The proof or acknowledgment of an instrument may be made at any place within this state before a justice, retired justice, or clerk of the Supreme Court, a justice, retired justice, or clerk of any court of appeal or judge or retired judge of a superior court, or the Secretary of the Senate or Chief Clerk of the Assembly.
(Amended by Stats. 1999, Ch. 20, Sec. 1. Effective January 1, 2000.)
1181. The proof or acknowledgment of an instrument may be made before a notary public at any place within this state, or within the county or city and county in this state in which the officer specified below was elected or appointed, before either:
(a) A clerk of a superior court.
(b) A county clerk.
(c) A court commissioner.
(d) A retired judge of a municipal or justice court.
(e) A district attorney.
(f) A clerk of a board of supervisors.
(g) A city clerk.
(h) A county counsel.
(i) A city attorney.
(j) Secretary of the Senate.
(k) Chief Clerk of the Assembly.
(Amended by Stats. 2002, Ch. 784, Sec. 12. Effective January 1, 2003.)
1182. The proof or acknowledgment of an instrument may be made without this state, but within the United States, and within the jurisdiction of the officer, before any of the following:
(1) A justice, judge, or clerk of any court of record of the United States.
(2) A justice, judge, or clerk of any court of record of any state.
(3) A commissioner appointed by the Governor or Secretary of State for that purpose.
(4) A notary public.
(5) Any other officer of the state where the acknowledgment is made authorized by its laws to take such proof or acknowledgment.
(Amended by Stats. 1971, Ch. 1611.)
1183. The proof or acknowledgment of an instrument may be made without the United States, before any of the following:
(a) A minister, commissioner, or chargè d’affaires of the United States, resident and accredited in the country where the proof or acknowledgment is made.
(b) A consul, vice consul, or consular agent of the United States, resident in the country where the proof or acknowledgment is made.
(c) A judge of a court of record of the country where the proof or acknowledgment is made.
(d) Commissioners appointed by the Governor or Secretary of State for that purpose.
(e) A notary public.
If the proof or acknowledgment is made before a notary public, the signature of the notary public shall be proved or acknowledged (1) before a judge of a court of record of the country where the proof or acknowledgment is made, or (2) by any American diplomatic officer, consul general, consul, vice consul, or consular agent, or (3) by an apostille (certification) affixed to the instrument pursuant to the terms of The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents.
(Amended by Stats. 1984, Ch. 1017, Sec. 1.)
1183.5. Any officer on active duty or performing inactive-duty training in the armed forces having the general powers of a notary public pursuant to Section 936 or 1044a of Title 10 of the United States Code (Public Law 90-632 and 101–510) and any successor statutes may perform all notarial acts for any person serving in the armed forces of the United States, wherever he or she may be, or for any spouse of a person serving in the armed forces, wherever he or she may be, or for any person eligible for legal assistance under laws and regulations of the United States, wherever he or she may be, for any person serving with, employed by, or accompanying such armed forces outside the United States and outside the Canal Zone, Puerto Rico, Guam and the Virgin Islands, and any person subject to the Uniform Code of Military Justice outside of the United States.
Any instrument acknowledged by any such officer or any oath or affirmation made before such officer shall not be rendered invalid by the failure to state therein the place of execution or acknowledgment. No seal or authentication of the officer’s certificate of acknowledgment or of any jurat signed by him or her shall be required but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in a form authorized by the laws of this state or in the following form:
On this the ___ day of ____, 19_, before me _____,