Title 19 — Personal Relations

Damage to person or property arising from the failure of a ship to observe any rule of § 31210, must be deemed to have occasioned by the COL120106 wilful default of the person in charge of the deck of such ship at the time, unless it appears that the circumstances of the case mad…

Losses caused by collision are to be borne as follows: 1. If either party was exclusively in fault he must bear his own loss, and compensate the other for any loss he has sustained. 2. If neither was in fault, the loss must be borne by him on whom it falls. 3. If both were in fau…

The author of any product of the mind, whether it is an invention, or a composition in letters or art, or a design, with or without delineation, or other graphical representation, has an exclusive ownership therein, and in COL120106 the representation or expression thereof, which…

Unless otherwise agreed, a product of the mind in the product of which several persons are jointly concerned, is owned by them as follows 1. If the product is single, in equal proportions; 2. If it is not single, in proportion to the contribution of each. SOURCE: CC '981.

The owner of any product of the mind, or of any representation or expression thereof, may transfer his property in the same. SOURCE: CC '982.

If the owner of a product of the mind intentionally makes it public, a copy or reproduction may be made public by any person, without responsibility to the owner, so far as the law of Guam is concerned. SOURCE: CC '983. CROSS-REFERENCES: For federal law on this subject, which is …

If the owner of a product of the mind does not make it public, any other person subsequently and originally producing the same thing has the same right therein as the prior author, which is exclusive to the same extent against all persons except the prior author, or those claimin…

Letters and other private communications in writing belong to the person to whom they are addressed and delivered; but they cannot be published against the will of the writer, except by authority of law. SOURCE: CC '985. NOTE: CC ''986 through 990 did not exist. COL120106 -------…

One who produces or deals in a particular thing, or conducts a particular business, may appropriate to his exclusive use, as a trademark, any form, symbol, or name which has not been so appropriated by another, to designate the origin or ownership thereof; but he cannot exclusive…

The good will of a business is the expectation of continued public patronage, but it does not include a right to use the name of any person from whom it was acquired. SOURCE: CC '992.

The good will of a business is property, transferable like any other, and the person transferring it may transfer with it the right of using the name under which the business is conducted. SOURCE: CC '993.

Instruments essential to the title of real property, and which are not kept in a public office as a record, pursuant to law, belong to the person in whom, for the time being, such title may be vested, and pass with the title. SOURCE: CC '994. NOTE: CC ''995 through 999 did not ex…

Property is acquired by: 1. Occupancy; 2. Accession; 3. Transfer; 4. Will; or, 5. Succession. SOURCE: CC '1000.

[This section is now found in 21 GCA Chapter 15 as '15101.] SOURCE: CC '1001. COMMENT: While the term eminent domain is generally though of in reference to real property, in fact the governments in question have the power to take both personal and real property through the power …

When things belonging to several owners have been united so as to form a single thing, and cannot be separated without injury, the whole belongs to the owner of the thing which form the principal part, who must, however, reimburse the value of the residue to the other owner, or s…

The part is to be deemed the principal to which the other has been united only for the use, ornament, or completion of the former, unless the latter is the more valuable, and has been united without the knowledge of its owner, who may, in the latter case, require it to be separat…

If neither part can be considered the principal, within the rule prescribed by § 33102, the more valuable, or, if the values are nearly equal, the more considerable in bulk, is to be deemed the principal part. SOURCE: CC '1027.

COL120106 If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship, unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker, on reimbursing the…

Where one has made use of materials which in part belong to him and in part to another, in order to form a thing of a new description, without having destroyed any of the materials, but in such a way that they cannot be separated without inconvenience, the thing formed is common …

When a thing has been formed by the admixture of several materials of different owners, and neither can be considered the principal substance, an owner without whose consent the admixture was made may require a separation, if the materials can be separated without inconvenience. …

The foregoing sections of this Chapter are not applicable to cases in which one wilfully uses the materials of another without his consent; but, in such cases, the product belongs to the owner of the materials, if its identity can be traced. SOURCE: CC '1031.

In all cases where one whose material has been used without his knowledge, in order to form a product of a different description, can claim COL120106 an interest in such product, he has an option to demand either restitution of his material in kind, in the same quantity, weight, …

One who wrongfully employs materials belonging to another is liable to him in damages, as well as under the foregoing provisions of this Chapter. SOURCE: CC '1033. NOTE: CC ''34 through 1038 did not exist. COMMENT: Because of the different structure of the Guam Code Annotated, Ch…

Transfer is an act of the parties, or of the law, by which the title to property is conveyed from one living person to another. SOURCE: CC '1039.

A voluntary transfer is an executed contract, subject to all rules of law concerning contracts in general, except that a consideration is not necessary to its validity. SOURCE: CC '1040. NOTE: CC ''1041 through 1043 did not exist in the Civil Code. ---------- ARTICLE 2 WHAT MAY B…

Property of any kind may be transferred, except as otherwise provided by Titles 18 through 21 of this Code. SOURCE: CC '1044. NOTE: The Titles of the Guam Code Annotated which constitute the former Civil Code of Guam are substituted here for the term, this Code, in the original, …

A mere possibility, not coupled with an interest, cannot be transferred. SOURCE: CC '1045.

A right of reentry, or of repossession for breach of condition subsequent, can be transferred. SOURCE: CC '1046.

Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession. SOURCE: CC '1047. CROSS-REFERENCES: For definition and rules relating to claiming by adverse possession, see 7 GCA Chapter 11, Article …

A transfer may be made without writing, in every case in which a writing is not expressly required by law. SOURCE: CC '1052.

A transfer in writing is call a grant, or conveyance, or bill of sale. The term grant, in this and the next two Articles, includes all these instruments, unless it is specially applied to real property. SOURCE: CC '1053.

A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor. SOURCE: CC '1054.

A grant duly executed is presumed to have been delivered at its date. SOURCE: CC '1055.

A grant cannot be delivered to a grantee conditionally. Delivery to him, or to his agent as such, is necessarily absolute, and the instrument takes effect thereupon, discharged of any condition on which the delivery was made. SOURCE: CC '1056.

A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition and, on delivery by the depositary, it will take effect. While in possession of the third person, and subject to condition, it is called an escrow. SOURCE: CC '1057.

Redelivering a grant of real property to the grantor, or cancelling it, does not operate to retransfer the title. COL120106 SOURCE: CC '1058.

Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered in the following cases: 1. Where is instrument is, by agreement of the parties at the time of execution, understood to be delivered, and under such circums…

Grants are to be interpreted in like manner with contracts in general, except so far as is otherwise provided in this Article. SOURCE: CC '1066.

A clear and distinct limitation in a grant is not controlled by other words less clear and distinct. SOURCE: CC '1067.

COL120106 If the operative words of a grant are doubtful, recourse may be had to its recitals to assist its construction. SOURCE: CC '1068.

A grant is to be interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a public officer or body, as such, to a private party is to be interpreted in favor of the grantor. SOURCE: CC '1069.

If several parts of a grant are absolutely irreconcilable, the former part prevails. SOURCE: CC '1070.

Where a future interest is limited by a grant to take effect on the death of any person with heirs, or heirs of his body, or without issue, or in equivalent words, such words must be taken to mean successors, or issue living at the death of the person named as ancestor. SOURCE: C…

Words of inheritance or succession are not requisite to transfer a fee in real property. SOURCE: CC '1072. CROSS-REFERENCES: See 15 GCA '615 (Words of Inheritance not Necessary). NOTE: No CC ''1073 through 1082 existed. ---------- ARTICLE 5 EFFECT OF TRANSFER

COL120106 A transfer vests in the transferee all the actual title to the thing transferred which the transferor then has, unless a different intention is expressed or is necessarily implied. SOURCE: CC '1083.

The transfer of a thing transfers also all its incidents, unless expressly excepted; but the transfer of an incident to a thing does not transfer the thing itself. SOURCE: CC '1084.

A present interest, and the benefit of a condition or covenant respecting property, may be taken by any natural person under a grant, although not named a party thereto. SOURCE: CC '1085. NOTE: No ''1086 through 1090 existed in the Civil Code. ----------- COL120106 COL120106

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.

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…

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.