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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
(2) Notwithstanding any provision of law, the office of the recorder of the county and any of its employees shall not be subject to any liability under any state law or in any action for damages if the office of the recorder does not send a certified copy of the instrument pursuant to paragraph (1).
(f) The office of the recorder of the county may assess a reasonable fee, as determined by resolution of its governing body, to cover the costs of taking the action authorized by subdivision (e).
(Amended by Stats. 2002, Ch. 592, Sec. 1. Effective January 1, 2003.)
TITLE 4. EXTINCTION OF OBLIGATIONS [1473 — 1543]
(Title 4 enacted 1872.)
CHAPTER 1. Performance [1473 — [1479.]]
(Chapter 1 enacted 1872.)
1473. Full performance of an obligation, by the party whose duty it is to perform it, or by any other person on his behalf, and with his assent, if accepted by the creditor, extinguishes it.
(Enacted 1872.)
1474. Performance of an obligation, by one of several persons who are jointly liable under it, extinguishes the liability of all.
(Enacted 1872.)
1475. An obligation in favor of several persons is extinguished by performance rendered to any of them, except in the case of a deposit made by owners in common, or in joint ownership, which is regulated by the Title on Deposit.
(Enacted 1872.)
1476. If a creditor, or any one of two or more joint creditors, at any time directs the debtor to perform his obligation in a particular manner, the obligation is extinguished by performance in that manner, even though the creditor does not receive the benefit of such performance.
(Enacted 1872.)
1477. A partial performance of an indivisible obligation extinguishes a corresponding proportion thereof, if the benefit of such performance is voluntarily retained by the creditor, but not otherwise. If such partial performance is of such a nature that the creditor cannot avoid retaining it without injuring his own property, his retention thereof is not presumed to be voluntary.
(Enacted 1872.)
1478. Performance of an obligation for the delivery of money only, is called payment.
(Enacted 1872.)
[1479.] Section Fourteen Hundred and Seventy-nine. Where a debtor, under several obligations to another, does an act, by way of performance, in whole or in part, which is equally applicable to two or more of such obligations, such performance must be applied as follows:
One — If, at the time of performance, the intention or desire of the debtor that such performance should be applied to the extinction of any particular obligation, be manifested to the creditor, it must be so applied.
Two — If no such application be then made, the creditor, within a reasonable time after such performance, may apply it toward the extinction of any obligation, performance of which was due to him from the debtor at the time of such performance; except that if similar obligations were due to him both individually and as a trustee, he must, unless otherwise directed by the debtor, apply the performance to the extinction of all such obligations in equal proportion; and an application once made by the creditor cannot be rescinded without the consent of [the] debtor.
Three — If neither party makes such application within the time prescribed herein, the performance must be applied to the extinction of obligations in the following order; and, if there be more than one obligation of a particular class, to the extinction of all in that class, ratably:
1. Of interest due at the time of the performance.
2. Of principal due at that time.
3. Of the obligation earliest in date of maturity.
4. Of an obligation not secured by a lien or collateral undertaking.
5. Of an obligation secured by a lien or collateral undertaking.
(Amended by Code Amendments 1873-74, Ch. 612.)
CHAPTER 2. Offer of Performance [1485 — 1505]
(Chapter 2 enacted 1872.)
1485. An obligation is extinguished by an offer of performance, made in conformity to the rules herein prescribed, and with intent to extinguish the obligation.
(Enacted 1872.)
1486. An offer of partial performance is of no effect.
(Enacted 1872.)
1487. An offer of performance must be made by the debtor, or by some person on his behalf and with his assent.
(Enacted 1872.)
[1488.] Section Fourteen Hundred and Eighty-eight. An offer of performance must be made to the creditor, or to any one of two or more joint creditors, or to a person authorized by one or more of them to receive or collect what is due under the obligation, if such creditor or authorized person is present at the place where the offer may be made; and if not, wherever the creditor may be found.
(Amended by Code Amendments 1873-74, Ch. 612.)
1489. In the absence of an express provision to the contrary, an offer of performance may be made, at the option of the debtor:
1. At any place appointed by the creditor; or,
2. Wherever the person to whom the offer ought to be made can be found; or,
3. If such person cannot, with reasonable diligence, be found within this State, and within a reasonable distance from his residence or place of business, or if he evades the debtor, then at his residence or place of business, if the same can, with reasonable diligence, be found within the State; or,
4. If this cannot be done, then at any place within this State.
(Enacted 1872.)
1490. Where an obligation fixes a time for its performance, an offer of performance must be made at that time, within reasonable hours, and not before nor afterwards.
(Enacted 1872.)
1491. Where an obligation does not fix the time for its performance, an offer of performance may be made at any time before the debtor, upon a reasonable demand, has refused to perform.
(Enacted 1872.)
1492. Where delay in performance is capable of exact and entire compensation, and time has not been expressly declared to be of the essence of the obligation, an offer of performance, accompanied with an offer of such compensation, may be made at any time after it is due, but without prejudice to any rights acquired by the creditor, or by any other person, in the meantime.
(Enacted 1872.)
1493. An offer of performance must be made in good faith, and in such manner as is most likely, under the circumstances, to benefit the creditor.
(Enacted 1872.)
1494. An offer of performance must be free from any conditions which the creditor is not bound, on his part, to perform.
(Enacted 1872.)
1495. An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer.
(Enacted 1872.)
1496. The thing to be delivered, if any, need not in any case be actually produced, upon an offer of performance, unless the offer is accepted.
(Enacted 1872.)
1497. A thing, when offered by