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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
DEFINITIONS AND SOURCES OF LAW
22. Law is a solemn expression of the will of the supreme power of the State.
22.1. The will of the supreme power is expressed:
(a) By the Constitution.
(b) By statutes.
22.2. The common law of England, so far as it is not repugnant to or inconsistent with the Constitution of the United States, or the Constitution or laws of this State, is the rule of decision in all the courts of this State.
EFFECT OF THE 1872 CODES
23. With relation to the laws passed at the 1872 Session of the Legislature, the Political Code, Civil Code, Code of Civil Procedure, and Penal Code, shall be construed as though each had been passed on the first day of the session.
23.1. The provisions of any law passed at the 1872 Session of the Legislature which contravene or are inconsistent with the provisions of any of the four codes passed at the 1872 Session prevail.
23.2. With relation to each other, the provisions of the four codes shall be construed as though all such codes had been passed at the same moment of time and were parts of the same statute.
23.3. If the provisions of any title conflict with or contravene the provisions of another title, the provisions of each title shall prevail as to all matters and questions arising out of the subject matter of the title.
23.4. If the provisions of any chapter conflict with or contravene the provisions of another chapter of the same title, the provisions of each chapter shall prevail as to all matters and questions arising out of the subject matter of the chapter.
23.5. If the provisions of any article conflict with or contravene the provisions of another article of the same chapter, the provisions of each article shall prevail as to all matters and questions arising out of the subject matter of the article.
23.6. If conflicting provisions are found in different sections of the same chapter or article, the provisions of the sections last in numerical order shall prevail, unless such construction is inconsistent with the meaning of the chapter or article.
DIVISION 1. PERSONS [38 — 86]
(Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12.)
PART 1. PERSONS WITH UNSOUND MIND [38 — 41]
(Part 1 added by Stats. 1992, Ch. 163, Sec. 3.)
38. A person entirely without understanding has no power to make a contract of any kind, but the person is liable for the reasonable value of things furnished to the person necessary for the support of the person or the person’s family.
(Added by Stats. 1992, Ch. 163, Sec. 3. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
39. (a) A conveyance or other contract of a person of unsound mind, but not entirely without understanding, made before the incapacity of the person has been judicially determined, is subject to rescission, as provided in Chapter 2 (commencing with Section 1688) of Title 5 of Part 2 of Division 3.
(b) A rebuttable presumption affecting the burden of proof that a person is of unsound mind shall exist for purposes of this section if the person is substantially unable to manage his or her own financial resources or resist fraud or undue influence. Substantial inability may not be proved solely by isolated incidents of negligence or improvidence.
(Amended by Stats. 1995, Ch. 842, Sec. 1. Effective January 1, 1996.)
40. (a) Subject to Section 1871 of the Probate Code, and subject to Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code, after his or her incapacity has been judicially determined a person of unsound mind can make no conveyance or other contract, nor delegate any power or waive any right, until his or her restoration to capacity.
(b) Subject to Sections 1873 to 1876, inclusive, of the Probate Code, the establishment of a conservatorship under Division 4 (commencing with Section 1400) of the Probate Code is a judicial determination of the incapacity of the conservatee for the purposes of this section.
(Added by Stats. 1992, Ch. 163, Sec. 3. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
41. A person of unsound mind, of whatever degree, is civilly liable for a wrong done by the person, but is not liable in exemplary damages unless at the time of the act the person was capable of knowing that the act was wrongful.
(Added by Stats. 1992, Ch. 163, Sec. 3. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
PART 2. PERSONAL RIGHTS [43 — 53.7]
(Part 2 enacted 1872.)
43. Besides the personal rights mentioned or recognized in the Government Code, every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily restraint or harm, from personal insult, from defamation, and from injury to his personal relations.
(Amended by Stats. 1953, Ch. 604.)
43.1. A child conceived, but not yet born, is deemed an existing person, so far as necessary for the child’s interests in the event of the child’s subsequent birth.
(Added by Stats. 1992, Ch. 163, Sec. 4. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
43.3. Notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and the child are otherwise authorized to be present.
(Added by Stats. 1997, Ch. 59, Sec. 1. Effective January 1, 1998.)
43.4. A fraudulent promise to marry or to cohabit after marriage does not give rise to a cause of action for damages.
(Added by Stats. 1959, Ch. 381.)
43.5. No cause of action arises for:
(a) Alienation of affection.
(b) Criminal conversation.
(c) Seduction of a person over the age of legal consent.
(d) Breach of promise of marriage.
(Added by Stats. 1939, Ch. 128.)
43.55. (a) There shall be no liability on the part of, and no cause of action shall arise against, any peace officer who makes an arrest pursuant to a warrant of arrest regular upon its face if the peace officer in making the arrest acts without malice and in the reasonable belief that the person arrested is the one referred to in the warrant.
(b) As used in this section, a “warrant of arrest regular upon its face” includes both of the following:
(1) A paper arrest warrant that has been issued pursuant to a judicial order.
(2) A judicial order that is entered into an automated warrant system by law enforcement or court personnel authorized to make those entries at or near the time the judicial order is made.
(Amended by Stats. 2005, Ch. 706, Sec. 2. Effective January 1, 2006.)
43.56. No cause of action arises against a foster parent for alienation of affection of a foster child.
(Added by renumbering Section 43.55 (as amended by Stats. 1988, Ch. 195) by Stats. 1990, Ch. 216, Sec. 5.)
43.6. (a) No cause of action arises against a parent of a child based upon the claim that the child should not have been conceived or, if conceived, should not have been allowed to have been born alive.
(b) The failure or refusal of a parent to prevent the live birth of his or her child shall not be a defense