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PART I.

OBLIGATIONS IN GENERAL.

Title I. Definition of Obligations, §§ 1427-1428.
II. Interpretation of Obligations, §§ 1429-1451.
III. Transfer of Obligations, §§ 1457-1467.
IV. Extinction of Obligations, §§ 1473-1543.

1427.

TITLE I.

DEFINITION OF OBLIGATIONS.

Obligation, what.

§ 1428. How created and enforced.

1427. Obligation, what. An obligation is a legal duty, by which a person is bound to do or not to do a certain thing. En. March 21, 1872.

Cal.Rep.Cit. 56, 218; 134, 588.

§ 1428. How created and enforced. An obligation arises either from:

1. The contract of the parties; or,

2. The operation of law. An obligation arising from operation of law may be enforced in the manner provided by law, or by civil action, or proceeding. En. March 21, 1872. Am'd. 1873-4, 239.

Cal.Rep.Cit. 56, 218; 110, 385; 134, 588.

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INTERPRETATION OF OBLIGATIONS.

Chapter I. General Rules of Interpretation, § 1429.
II. Joint or Several Obligations, §§ 1430-1432.
III. Conditional Obligations, §§ 1434-1442.
IV. Alternative Obligations, §§ 1448-1451.

CHAPTER I.

GENERAL RULES OF INTERPRETATION.

§ 1429. General rules.

§ 1429. General rules. The rules which govern the interpretation of contracts are prescribed by part II of this division. Other obligations are interpreted by the same rules by which statutes of a similar nature are interpreted. En. March 21, 1872.

Interpretation of contracts: See secs. 1635-1661.

CHAPTER II.

1430. 1431. 1432.

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Contribution between joint parties.

§ 1430. Obligations, joint or several, etc. An obligation imposed upon several persons, or a right created in favor of several persons, may be:

1. Joint;

2. Several; or,

3. Joint and several. En. March 21, 1872. Cal.Rep.Cit. 69, 620; 129, 239; 129, 241; 129, 243.

§ 1431. When joint. An obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several, except in the special cases mentioned in the title on the interpretation of contracts. This presumption, in the case of a right, can be overcome only by express words to the contrary. En. March 21, 1872.

Cal.Rep.Cit. 69, 620; 127, 150; 129, 243.

Promise united in by several, all of whom receive some benefit, is presumed to be joint and several: See post, sec. 1659.

Promise in the singular, but executed by several, is presumed to be joint and several: Post, sec. 1660.

§ 1432. Contribution between joint parties. 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. En. March 21, 1872.

Cal.Rep.Cit. 117, 202; 130, 254; 132, 482; 135, 93.
See post, sec. 2848.

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§ 1439.

1440. 1441.

§ 1442.

Condition subsequent.

Performance, etc., of conditions, when essential.
When performance, etc., excused.

Impossible or unlawful conditions void.

Conditions involving forfeiture, how construed.

§ 1434. Obligation, when conditional. An obligation is conditional, when the rights or duties of any party thereto depend upon the occurrence of an uncertain event. En. March 21, 1872.

§ 1435. Conditions, kinds of. Conditions may be precedent, concurrent or subsequent. En. March 21, 1872. Conditions of ownership: See ante, secs. 707 et seq. Conditional legacies: See ante, secs. 1345, 1346.

Conditions precedent: See next section.

Conditions concurrent: See sec. 1437, infra.

Conditions subsequent: See sec. 1438, infra.

§ 1436. Conditions precedent. A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed. En. March 21, 1872.

Cal.Rep.Cit. 98, 440.

See ante, secs. 707, 708.

Unlawful condition precedent: See ante, sec. 709.

§ 1437.

Conditions concurrent. Conditions concurrent are those which are mutually dependent, and are to be performed at the same time. En. March 21, 1872.

Cal.Rep.Cit. 53, 723; 87, 59.

§ 1438. Condition subsequent. 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 choses to avail himself of the condition. En. March 21, 1872.

See ante, secs. 707, 708.

§ 1439. Performance, etc., of conditions, when essential. 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. En. March 21, 1872. Cal.Rep.Cit. 87, 59; 107, 65; 117, 671; 133, 458.

§ 1440. When performance, etc., excused. 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. En. March 21, 1872. Cal.Rep.Cit. 88, 541; 128, 253.

Refusal to accept performance before the time to perform is equivalent to an offer of performance and refusal: Post, sec. 1515.

§ 1441. Impossible or unlawful conditions void. 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. En. March 21, 1872.

Object of contracts: See post, secs. 1595 et seq. Unlawful conditions: See ante, secs. 709 et seq. Conditions, when impossible, within the meaning of above section: See post, secs. 1596 et seq.

§ 1442. Conditions involving forfeiture, how construed. A condition involving a forfeiture must be strictly in

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