Title 20, Remedies

For every wrong there is a remedy. SOURCE: CC § 3523.

Between those who are equally in the right, or equally in the wrong, the law does not interpose. SOURCE: CC § 3524.

COL120106 MAXIMS OF JURISPRUDENCE Between rights otherwise equal, the earliest is preferred. SOURCE: CC § 3525.

No man is responsible for that which no man can control. SOURCE: CC § 3526.

The law helps the vigilant, before those who sleep on their rights. SOURCE: CC § 3527.

The law respects form less than substance. SOURCE: CC § 3528.

That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, performance is due. SOURCE: CC § 3529.

That which does not appear to exist is to be regarded as if it did not exist. SOURCE: CC § 3530.

The law never requires impossibilities. SOURCE: CC § 3531.

The law neither does nor requires idle acts. SOURCE: CC § 3532.

The law disregards trifles. SOURCE: CC § 3533.

Particular expressions qualify those which are general. COL120106 MAXIMS OF JURISPRUDENCE SOURCE: CC § 3534.

Contemporaneous exposition is in general the best. SOURCE: CC § 3535.

The greater contains the less. SOURCE: CC § 3536.

Superfluity does not vitiate. SOURCE: CC § 3537.

That is certain which can be made certain. SOURCE: CC § 3538.

Time does not confirm a void act. SOURCE: CC § 3539.

The incident follows the principal, and not the principal the incident. SOURCE: CC § 3540.

An interpretation which gives effect is preferred to one which makes void. SOURCE: CC § 3541.

Interpretation must be reasonable. SOURCE: CC § 3542.

When one of two innocent persons must suffer by the act of a third, COL120106 MAXIMS OF JURISPRUDENCE he, by whose negligence it happened, must be the sufferer. SOURCE: CC § 3543.

Every Child is Entitled to an Adequate Public Education. SOURCE: Added by P.L. 28-045:24. ---------- COL120106

A debtor, within the meaning of this Chapter, is one who, by reason of an existing obligation, is or may become liable to pay money to another, whether such liability is certain or contingent. SOURCE: CC § 3429.

A creditor, within the meaning of this Chapter, is one in whose favor an obligation exists, by reason of which he is, or may become, entitled to the payment of money. SOURCE: CC § 3430.

In the absence of fraud, every contract of a debtor is valid against all his creditors, existing or subsequent, who have not acquired a lien on the property affected by such contract. SOURCE: CC § 3431.

COL120106 A debtor may pay one creditor in preference to another, or may give to one creditor security for the payment of his demand in preference to another, except as provided in the insolvency law of Guam. SOURCE: CC § 3432. CROSS-REFERENCES: The Insolvency Law of Guam is foun…

Where a creditor is entitled to resort to each of several funds for the satisfaction of his claim, and another person has an interest in, or is entitled as a creditor to resort to some, but not all of them, the latter may require the former to seek satisfaction from those funds t…

Every transfer of property or charge thereon made, every obligation incurred, and every judicial proceeding taken, with intent to delay or defraud any creditor or other person of his demands, is void against all creditors of the debtor, and their successors in interest, and again…

A creditor can avoid the act or obligation of his debtor for fraud only where the fraud obstructs the enforcement, by legal process, of his right to take the property affected by the transfer or obligation. SOURCE: CC § 3440.

In all cases arising under 21 GCA '41101 [Void Instruments, purchas- es], or under the provisions of this Chapter, except as otherwise provided in 7 GCA '50500 [Transfers, Etc., Defraud Creditors], the question of fraudulent intent is one of fact and not of law; nor can any trans…

Any person who makes, utters, draws or delivers any check, or draft, or order upon any bank of depository, or upon or to any person, or firm, or corporation, for the payment of money, payment of which instrument is refused or dishonored for lack of funds or credit to pay, or beca…

In any action brought by the payee, or the payee's transferee, after the notice period hereinbelow provided, to collect any sum owing by any person who makes, utters, draws or delivers any check, or draft, or order to COL120106 or upon any bank or depository, or person, or firm, …

Assignment for the benefit of creditors is covered by the insolvency law, as set forth in Title 7 [Civil Procedure] of this Code. SOURCE: CC § 3449. NOTE: No CC §§ 3450-3459 existed. ---------- NOTE: The Bulk Transfers Act, ''3460-3469, was repealed by P.L. 13-150 as a part of th…

Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any…

A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. SOURCE: CC § 3480. COL120106 20 REMEDIES

Every nuisance not included in the definition of the last section is private. SOURCE: CC § 3481.

Nothing which is done or maintained under the express authority of a law can be deemed a nuisance. SOURCE: CC § 3482.

Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by a former owner, is liable therefor in the same manner as the one who first created it. SOURCE: CC § 3483.

The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence. SOURCE: CC § 3484. NOTE: No CC ''3485-3489 existed. ---------- COL120106

No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right. SOURCE: CC § 3490.

The remedies against a public nuisance are: 1. Information or complaint; 2. A civil action; or, 3. Abatement. SOURCE: CC § 3491.

The remedy by complaint or information is regulated by Title 8 of this Code [Criminal Procedure]. SOURCE: CC § 3492. NOTE: The Compiler has changed the reference to the Penal Code to the current reference to its replacement, Title 8 of this Code.

A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise. SOURCE: CC § 3493.

A public nuisance may be abated by any public body or officer authorized thereto by law. COL120106 SOURCE: CC § 3494.

Any person may abate a public nuisance which is specially injurious to him by removing or, if necessary, destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury. SOURCE: CC § 3495. NOTE: No CC '' 3496-3500 existed. --…