Title 18 — Business Structure and Function
60 chapters · 1,419 sections in this title.
18 GCA § 80101 What are Obligations
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An obligation is a legal duty by which a person is bound to do or not to do a certain thing. SOURCE: CC § 1427.
18 GCA § 80102 How Incurred and Enforced
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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. SOURCE: CC § 1428. ARTICLE 2 COL120106 GENERAL RULES OF INTER…
18 GCA § 80201 General Rules
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The rules which govern the interpretation of contracts are described in Division II of this Title. Other obligations are interpreted by the same rules by which statutes of a similar nature are interpreted. SOURCE: CC § 1429. NOTE: See 1 GCA Chapters 4 and 7 for the law on interpr…
18 GCA § 80301 Obligations; Joint or Several
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An obligation imposed on several persons, or a right created in favor of several persons, may be: 1. Joint; 2. Several; or 3. Joint and several. SOURCE: CC § 1430.
18 GCA § 80302 When Joint
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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 Division II of this Title on the interpretation of contracts. This presumption, in the case of a right, c…
18 GCA § 80303 Contribution, Joint Parties
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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. SOURCE: CC § 1432. NOTE: No 1970 Civil Code '1433 existed. CROSS-REFERENCES: See 7 GCA C…
18 GCA § 80401 Obligations; when Conditional
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An obligation is conditional, when the rights or duties of any party thereto depend upon the occurrence of an uncertain event. SOURCE: CC § 1434.
18 GCA § 80402 Kinds of Conditions
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Conditions may be precedent, concurrent, or subsequent. SOURCE: CC § 1435. COL120106
18 GCA § 80403 Conditions Precedent
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A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is per- formed. SOURCE: CC § 1436.
18 GCA § 80404 Conditions Concurrent
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Conditions con-current are those which are mutually dependent, and are to be performed at the same time. SOURCE: CC § 1437.
18 GCA § 80405 Conditions Subsequent
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A condition sub-sequent 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. SOURCE: CC § 1438.
18 GCA § 80406 When Performance is Essential
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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…
18 GCA § 80407 When Performance Excused
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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…
18 GCA § 80408 Impossible, Unlawful Conditions Void
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A condition in a contract, the fulfillment of which is impossible or unlawful, within the meaning of the Article on the Object of Contracts [in Division II of this Title], or which is repugnant to the nature of the interest COL120106 created by the contract, is void. SOURCE: CC §…
18 GCA § 80409 Conditions, Forfeiture, how Construed
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A condition involving a forfeiture must be strictly interpreted against the party for whose benefit it is created. SOURCE: CC § 1442. NOTE: No 1970 Civil Code '§ 1443-1447 existed. ---------- ARTICLE 5 ALTERNATIVE OBLIGATIONS
18 GCA § 80501 Right of Selection
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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. SOURCE: CC § 1448.
18 GCA § 80502 How Right is Lost
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If a 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, th…
18 GCA § 80503 Alternatives Indivisible
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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. COL120106 SOURCE: CC § 1450.
18 GCA § 80504 When Alternative Obligations a Nullity
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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. SOURCE: CC § 1451. NOTE: No 1970 Civil Code '§ 1452-1456 existed. …