Title 19 — Personal Relations
27 chapters · 510 sections in this title.
19 GCA § 41101 When must be in Writing
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An interest in a ship, or in an existing trust, can be transferred only by operation of law, or by a written instrument, subscribed by the person making the transfer, or by his agent. SOURCE: CC '1135.
19 GCA § 41102 Transfer by Sale, etc
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The mode of transferring other personal property by sale is regulated by Titles 13 and 18 of this Code. SOURCE: CC '1136. NOTE: The original reference was to the law on Sales in Division III of the Civil Code. That Division, with respect to Sales, was repealed and replaced by Tit…
19 GCA § 41201 Transfer of Title Under Sale
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COL120106 The title to personal property, sold or exchanged, passes to the buyer whenever the parties agree upon a present transfer, and the thing itself is identified whether it is separated from other things or not. SOURCE: CC '1141.
19 GCA § 41202 Transfer Under Execution Agreement
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Title is transferred by an executory agreement for the sale or exchange of personal property only when the buyer has accepted the thing, or when the seller has completed it, prepared it for delivery, and offered it to the buyer, with intent to transfer the title thereto, in the m…
19 GCA § 41203 When Buyer Acquires Better Title Than Seller Has
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Where the possession of personal property, together with a power to dispose thereof, is transferred by its owner to another person, an executed sale by the latter, while in possession, to a buyer in good faith and in the ordinary course of business, for value, transfers to such b…
19 GCA § 41301 Gift Defined
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A gift is a transfer of personal property, made voluntarily, and without consideration. SOURCE: CC '1146.
19 GCA § 41302 Gift, How Made
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A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee. SOURCE: CC '1147. CROSS-REFERENCES: See 19 GCA Chapter 12, Unifo…
19 GCA § 41303 Gift not Revocable
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A gift, other than a gift in view of death, cannot be revoked by the giver. SOURCE: CC '1148.
19 GCA § 41304 Gift in View of Death
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A gift in view of death is one which is made in contemplation, fear, or peril of death, and with intent that it shall take effect only in case of the death of the giver. SOURCE: CC '1149. CROSS-REFERENCES: See 15 GCA (Estates & Probate) '2901 and '2211 further dealing with the su…
19 GCA § 41305 Gift, When Presumed in View of Death
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A gift made during the last illness of the giver, or under circumstances which would naturally impress him with an expectation of speedy death, is presumed to be a gift in view of death. SOURCE: CC '1150.
19 GCA § 41306 Revocation of Death Bed Gift
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A gift in view of death may be revoked by the giver at any time, and is revoked by his recovery from the illness, or escape from the peril, under the presence of which it was made, or by the occurrence of any event which would operate as a revocation of a will made at the same ti…
19 GCA § 41307 Effect of Will Upon Gift
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A gift in view of death is not affected by a previous will; nor by a subsequent will, unless it expresses an intention to revoke the gift. SOURCE: CC '1152. CROSS-REFERENCES: See 15 GCA '2901 for treatment of such gifts when interpreting wills and estates.
19 GCA § 41308 When Treated as a Legacy
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A gift in view of death must be treated as a legacy, so far as relates only to the creditors of the giver. SOURCE: CC '1153. CROSS-REFERENCES: See 15 GCA '2211 for law governing enforcement of this section and how such gifts are recovered for creditors. NOTE: No CC '§ 1154 throug…