Title CIV — California Civ. Code

Notwithstanding that the agreed counterperformance is not or would not have been specifically enforceable, specific performance may be compelled if: (a) Specific performance would otherwise be an appropriate remedy; and (b) The agreed counterperformance has been substantially per…

It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation. In the case of a single-family dwelling which the party seeking performance intends to occupy, this presumption is conclusive. In all other case…

A party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter has performed, or offers to perform it on his part, and the case is otherwise proper for enforcing specific performance. (Enacted 1872.)

A contract otherwise proper to be specifically enforced, may be thus enforced, though a penalty is imposed, or the damages are liquidated for its breach, and the party in default is willing to pay the same. (Enacted 1872.)

The following obligations cannot be specifically enforced: (a) An obligation to render personal service. (b) An obligation to employ another in personal service. (c) An agreement to perform an act which the party has not power lawfully to perform when required to do so. (d) An ag…

Specific performance cannot be enforced against a party to a contract in any of the following cases:

Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except where his failure to perform is only partial, and either entirely immaterial, or capable of bei…

An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt. (Enacted 1872.)

Whenever an obligation in respect to real property would be specifically enforced against a particular person, it may be in like manner enforced against any other person claiming under him by a title created subsequently to the obligation, except a purchaser or incumbrancer in go…

When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express th…

For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement. (Enacted 1872.)

In revising a written instrument, the Court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended to be. (Enacted 1872.)

A contract may be first revised and then specifically enforced. (Enacted 1872.)

A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may, upon his application, be so adjudged, and ordered to be delivered up or canceled. (Enacted 1872.…

An instrument, the invalidity of which is apparent upon its face, or upon the face of another instrument which is necessary to the use of the former in evidence, is not to be deemed capable of causing injury, within the provisions of the last section. (Enacted 1872.)

Where an instrument is evidence of different rights or obligations, it may be canceled in part, and allowed to stand for the residue. (Enacted 1872.)

(a) An action may be maintained by any person interested in any private document or instrument in writing, which has been lost or destroyed, to prove or establish the document or instrument or to compel the issuance, execution, and acknowledgment of a duplicate of the document or…

If his assent was given under the influence of mistake, misapprehension, or surprise, except that where the contract provides for compensation in case of mistake, a mistake within the scope of such provision may be compensated for, and the contract specifically enforced in other …

To deliver the thing sold, upon payment of the price;

To collect the price; and,

The ownership of property is either:

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.)

The ownership of property is qualified:

The ownership of property by a single person is designated as a sole or several ownership. (Enacted 1872.)

The ownership of property by several persons is either: (a) Of joint interest. (b) Of partnership interests. (c) Of interests in common. (d) Of community interest of spouses.

(a) (1) Community property of spouses, 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 …

(a) A joint interest is one owned by two or more persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or by transfer from a sole owner to himself or herself and others, or from tenants in …

No contract or other arrangement made after the effective date of this section between any person, firm, or corporation engaged in the business of renting safe-deposit boxes and the renter or renters of a safe-deposit box, shall create a joint tenancy in or otherwise establish ow…

(a) Subject to the limitations and requirements of this section, in addition to any other means by which a joint tenancy may be severed, a joint tenant may sever a joint tenancy in real property as to the joint tenant’s interest without the joinder or consent of the other joint t…

A partnership interest is one owned by several persons, in partnership, for partnership purposes. (Enacted 1872.)

An interest in common is one owned by several persons, not in joint ownership or partnership. (Enacted 1872.)

Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, as provided in Section 683, or unless acquired as community…

Community property is property that is community property under Part 2 (commencing with Section 760) of Division 4 of the Family Code.

In respect to the time of enjoyment, an interest in property is either:

A present interest entitles the owner to the immediate possession of the property. (Enacted 1872.)

A future interest entitles the owner to the possession of the property only at a future period. (Enacted 1872.)

A perpetual interest has a duration equal to that of the property. (Enacted 1872.)

A limited interest has a duration less than that of the property. (Enacted 1872.)

Two or more future interests may be created to take effect in the alternative, so that if the first in order fails to vest, the next in succession shall be substituted for it, and take effect accordingly. (Enacted 1872.)

A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect. (Enacted 1872.)

When a future interest is limited to successors, heirs, issue, or children, posthumous children are entitled to take in the same manner as if living at the death of their parent. (Enacted 1872.)

Future interests pass by succession, will, and transfer, in the same manner as present interests. (Enacted 1872.)

To do whatever else is necessary, or proper and usual, in the ordinary course of business, for effecting these purposes. (Enacted 1872.)

A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind. (Enacted 1872.)

In respect to real or immovable property, the interests mentioned in this Chapter are denominated estates, and are specially named and classified in Part II of this Division. (Enacted 1872.)

The names and classification of interests in real property have only such application to interests in personal property as is in this Division of the Code expressly provided. (Enacted 1872.)

No future interest in property is recognized by the law, except such as is defined in this Division of the Code. (Enacted 1872.)

The time when the enjoyment of property is to begin or end may be determined by computation, or be made to depend on events. In the latter case, the enjoyment is said to be upon condition. (Enacted 1872.)

Conditions are precedent or subsequent. The former fix the beginning, the latter the ending, of the right. (Enacted 1872.)

If a condition precedent requires the performance of an act wrong of itself, the instrument containing it is so far void, and the right cannot exist. If it requires the performance of an act not wrong of itself, but otherwise unlawful, the instrument takes effect and the conditio…