Statute · California Civil Code

Cal. Civ. Code § 1477 — Performance [1473. - [1479.]]

Cal. Civ. Code § 1477

Type
Statute
Source
California Civil Code
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

A partial performance of an indivisible obligation extinguishes a corresponding proportion thereof, if the benefit of such performance is voluntarily retained by the creditor, but not otherwise. If such partial performance is of such a nature that the creditor cannot avoid retaining it without…

Citator

Cal. Civ. Code § 1477 — Performance [1473. - [1479.]] is in force in the current edition of the Code, and nothing recorded condemns it.

A partial performance of an indivisible obligation extinguishes a corresponding proportion thereof, if the benefit of such performance is voluntarily retained by the creditor, but not otherwise. If such partial performance is of such a nature that the creditor cannot avoid retaining it without injuring his own property, his retention thereof is not presumed to be voluntary.