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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
(b) This measure may be amended or repealed by a statute that becomes effective only when approved by the electors.
(Added June 3, 1986, by initiative Proposition 51, Sec. 6. Note: In the text, "this measure" refers to Prop. 51 (the Fair Responsibility Act of 1986), which includes Sections 1431.1 to 1431.5 and part of Section 1431.)
1431.5. Severability.
If any provision of this measure, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this measure to the extent it can be given effect, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this measure are severable.
(Added June 3, 1986, by initiative Proposition 51, Sec. 7. Note: In the text, "this measure" refers to Prop. 51 (the Fair Responsibility Act of 1986), which includes Sections 1431.1 to 1431.5 and part of Section 1431.)
1432. Except as provided in Section 877 of the Code of Civil Procedure, a party to a joint, or joint and several obligation, who satisfies more than his share of the claim against all, may require a proportionate contribution from all the parties joined with him.
(Amended by Stats. 1987, Ch. 677, Sec. 1.)
CHAPTER 3. Conditional Obligations [1434 — 1442]
(Chapter 3 enacted 1872.)
1434. An obligation is conditional, when the rights or duties of any party thereto depend upon the occurrence of an uncertain event.
(Enacted 1872.)
1435. Conditions may be precedent, concurrent, or subsequent.
(Enacted 1872.)
1436. A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed.
(Enacted 1872.)
1437. Conditions concurrent are those which are mutually dependent, and are to be performed at the same time.
(Enacted 1872.)
1438. A condition subsequent is one referring to a future event, upon the happening of which the obligation becomes no longer binding upon the other party, if he chooses to avail himself of the condition.
(Enacted 1872.)
1439. Before any party to an obligation can require another party to perform any act under it, he must fulfill all conditions precedent thereto imposed upon himself; and must be able and offer to fulfill all conditions concurrent so imposed upon him on the like fulfillment by the other party, except as provided by the next section.
(Enacted 1872.)
1440. If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his part, and does not retract such notice before the time at which performance upon his part is due, such other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon his part in favor of the former party.
(Enacted 1872.)
1441. A condition in a contract, the fulfillment of which is impossible or unlawful, within the meaning of the Article on the Object of Contracts, or which is repugnant to the nature of the interest created by the contract, is void.
(Enacted 1872.)
1442. A condition involving a forfeiture must be strictly interpreted against the party for whose benefit it is created.
(Enacted 1872.)
CHAPTER 4. Alternative Obligations [1448 — 1451]
(Chapter 4 enacted 1872.)
1448. If an obligation requires the performance of one of two acts, in the alternative, the party required to perform has the right of selection, unless it is otherwise provided by the terms of the obligation.
(Enacted 1872.)
1449. If the party having the right of selection between alternative acts does not give notice of his selection to the other party within the time, if any, fixed by the obligation for that purpose, or, if none is so fixed, before the time at which the obligation ought to be performed, the right of selection passes to the other party.
(Enacted 1872.)
1450. The party having the right of selection between alternative acts must select one of them in its entirety, and cannot select part of one and part of another without the consent of the other party.
(Enacted 1872.)
1451. If one of the alternative acts required by an obligation is such as the law will not enforce, or becomes unlawful, or impossible of performance, the obligation is to be interpreted as though the other stood alone.
(Enacted 1872.)
TITLE 3. TRANSFER OF OBLIGATIONS [1457 — 1471]
(Title 3 enacted 1872.)
1457. The burden of an obligation may be transferred with the consent of the party entitled to its benefit, but not otherwise, except as provided by Section 1466.
(Enacted 1872.)
1458. A right arising out of an obligation is the property of the person to whom it is due, and may be transferred as such.
(Enacted 1872.)
1459. A non-negotiable written contract for the payment of money or personal property may be transferred by indorsement, in like manner with negotiable instruments. Such indorsement shall transfer all the rights of the assignor under the instrument to the assignee, subject to all equities and defenses existing in favor of the maker at the time of the indorsement.
(Enacted 1872.)
1460. Certain covenants, contained in grants of estates in real property, are appurtenant to such estates, and pass with them, so as to bind the assigns of the covenantor and to vest in the assigns of the covenantee, in the same manner as if they had personally entered into them. Such convenants are said to run with the land.
(Enacted 1872.)
1461. The only covenants which run with the land are those specified in this Title, and those which are incidental thereto.
(Enacted 1872.)
1462. Every covenant contained in a grant of an estate in real property, which is made for the direct benefit of the property, or some part of it then in existence, runs with the land.
(Enacted 1872.)
1463. The last section includes covenants “of warranty,” “for quiet enjoyment,” or for further assurance on the part of a grantor, and covenants for the payment of rent, or of taxes or assessments upon the land, on the part of a grantee.
(Enacted 1872.)
1465. A covenant running with the land binds those only who acquire the whole estate of the covenantor in some part of the property.
(Enacted 1872.)
1466. No one, merely by reason of having acquired an estate subject to a covenant running with the land, is liable for a breach of the covenant before he acquired the estate, or after he has parted with it or ceased to enjoy its benefits.
(Enacted 1872.)
1467. Where several persons, holding by several titles, are subject to the burden or entitled to the benefit of a covenant running with the land, it must be apportioned among them according to the value of the property subject to it held by them respectively, if such value can be ascertained, and if not, then according to their