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Civil Code - CIV - CIV § 1434

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1434

An obligation is conditional, when the rights or duties of any party thereto depend upon the occurrence of an uncertain event.

Civil Code - CIV - CIV § 1435

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1435

Conditions may be precedent, concurrent, or subsequent.

Civil Code - CIV - CIV § 1436

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1436

A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed.

Civil Code - CIV - CIV § 1437

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1437

Conditions concurrent are those which are mutually dependent, and are to be performed at the same time.

Civil Code - CIV - CIV § 1438

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 1439

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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

Civil Code - CIV - CIV § 1440

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 obligatio

Civil Code - CIV - CIV § 1441

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 1442

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1442

A condition involving a forfeiture must be strictly interpreted against the party for whose benefit it is created.

Civil Code - CIV - CIV § 1448

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 1449

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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,

Civil Code - CIV - CIV § 1450

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 1451

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 1457

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 1458

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 1459

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 equit

Civil Code - CIV - CIV § 1459.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1459.5

(a) A plaintiff who prevails on a cause of action against a defendant named pursuant to Part 433 of Title 16 of the Code of Federal Regulations or any successor thereto, or pursuant to the contractual language required by that part or any successor thereto, may claim attorney’s f

Civil Code - CIV - CIV § 1460

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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

Civil Code - CIV - CIV § 1461

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1461

The only covenants which run with the land are those specified in this Title, and those which are incidental thereto.

Civil Code - CIV - CIV § 1462

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 1463

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 1465

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1465

A covenant running with the land binds those only who acquire the whole estate of the covenantor in some part of the property.

Civil Code - CIV - CIV § 1466

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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.

Civil Code - CIV - CIV § 1467

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 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 ascer

Civil Code - CIV - CIV § 1468

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1468

Each covenant, made by an owner of land with the owner of other land or made by a grantor of land with the grantee of land conveyed, or made by the grantee of land conveyed with the grantor thereof, to do or refrain from doing some act on his own land, which doing or refraining i