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.