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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
(Amended by Stats. 2007, Ch. 568, Sec. 12. Effective January 1, 2008.)
85. On or after January 1, 1981, no grantor or dealer, directly or indirectly, shall refuse to make or to consent to an assignment, sale, transfer, or bequest of a dealership to any person, or to the intestate succession to the dealership by any person, because of any characteristic listed or defined in subdivision (b) or (e) of Section 51. This section shall not be construed to create any right in a dealer to assign, sell, transfer, or bequeath a dealership where the right did not exist prior to January 1, 1981.
(Amended by Stats. 2007, Ch. 568, Sec. 13. Effective January 1, 2008.)
86. The prevailing party in any action based on a violation of the provisions of this part shall be entitled to recover reasonable attorney’s fees and taxable court costs.
(Added by Stats. 1980, Ch. 914, Sec. 1.)
DIVISION 2. PROPERTY [654 — 1422]
(Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13.)
PART 1. PROPERTY IN GENERAL [654 — 749]
(Part 1 enacted 1872.)
TITLE 1. NATURE OF PROPERTY [654 — 663]
(Title 1 enacted 1872.)
654. The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this Code, the thing of which there may be ownership is called property.
(Enacted 1872.)
655. There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the good will of a business, trade marks and signs, and of rights created or granted by statute.
(Enacted 1872.)
656. Animals wild by nature are the subjects of ownership, while living, only when on the land of the person claiming them, or when tamed, or taken and held in possession, or disabled and immediately pursued.
(Enacted 1872.)
657. Property is either:
1. Real or immovable; or,
2. Personal or movable.
(Enacted 1872.)
658. Real or immovable property consists of:
1. Land;
2. That which is affixed to land;
3. That which is incidental or appurtenant to land;
4. That which is immovable by law; except that for the purposes of sale, emblements, industrial growing crops and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale, shall be treated as goods and be governed by the provisions of the title of this code regulating the sales of goods.
(Amended by Stats. 1931, Ch. 1070.)
659. Land is the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, and includes free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon the use of airspace imposed, and rights in the use of airspace granted, by law.
(Amended by Stats. 1963, Ch. 860.)
660. A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws; except that for the purposes of sale, emblements, industrial growing crops and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale, shall be treated as goods and be governed by the provisions of the title of this code regulating the sales of goods.
(Amended by Stats. 1931, Ch. 1070.)
662. A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way, or watercourse, or of a passage for light, air, or heat from or across the land of another.
(Enacted 1872.)
663. Every kind of property that is not real is personal.
(Enacted 1872.)
TITLE 2. OWNERSHIP [669 — 742]
(Title 2 enacted 1872.)
CHAPTER 1. Owners [669 — [671.]]
(Chapter 1 enacted 1872.)
669. All property has an owner, whether that owner is the State, and the property public, or the owner an individual, and the property private. The State may also hold property as a private proprietor.
(Enacted 1872.)
[670.] Section Six Hundred and Seventy. The State is the owner of all land below tide water, and below ordinary high-water mark, bordering upon tide water within the State; of all land below the water of a navigable lake or stream; of all property lawfully appropriated by it to its own use; of all property dedicated to the State; and of all property of which there is no other owner. (Amended by Code Amendments 1873-74, Ch. 612.)
[671.] Section Six Hundred and Seventy-one. Any person, whether citizen or alien, may take, hold, and dispose of property, real or personal, within this State. (Amended by Code Amendments 1873-74, Ch. 612.)
CHAPTER 2. Modifications of Ownership [678 — 726]
(Chapter 2 enacted 1872.)
ARTICLE 1. Interests in Property [678 — 703]
(Article 1 enacted 1872.)
678. The ownership of property is either:
1. Absolute; or,
2. Qualified.
(Enacted 1872.)
679. The ownership of property is absolute when a single person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, subject only to general laws.
(Enacted 1872.)
680. The ownership of property is qualified:
1. When it is shared with one or more persons;
2. When the time of enjoyment is deferred or limited;
3. When the use is restricted.
(Enacted 1872.)
681. The ownership of property by a single person is designated as a sole or several ownership.
(Enacted 1872.)
682. The ownership of property by several persons is either:
1. Of joint interest;
2. Of partnership interests;
3. Of interests in common;
4. Of community interest of husband and wife.
(Enacted 1872.)
682.1. (a) Community property of a husband and wife, when expressly declared in the transfer document to be community property with right of survivorship, and which may be accepted in writing on the face of the document by a statement signed or initialed by the grantees, shall, upon the death of one of the spouses, pass to the survivor, without administration, pursuant to the terms of the instrument,