What is the Civil Code 1434?
Asked by: Geovany Kunde II | Last update: February 20, 2026Score: 4.7/5 (59 votes)
California Civil Code 1434 defines a conditional obligation as one where the rights or duties of the parties depend on an uncertain future event, establishing when obligations become effective or cease based on conditions like a sale's closing depending on a zoning change. Different jurisdictions have different codes, but in California, § 1434 sets the stage for understanding contracts with contingencies, meaning a promise to act isn't absolute but relies on something else happening, like approval or a specific event occurring.
Why does Crooks have a copy of the California Civil Code?
Crooks has the California Civil Code for 1905 in *Of Mice and Men to show he is intelligent, literate, and aware of his legal rights, even though he's segregated and treated as inferior; the outdated, worn book symbolizes that while he seeks knowledge and dignity, the laws promising equality are ignored in his reality, much like his own life on the ranch. It highlights his desire for self-respect and equality, contrasting with the racial discrimination he faces daily.
What is the Article 1344 of the Civil Code?
Article 1344. In order that fraud may make a contract voidable, it should be serious and should not have been employed by both contracting parties. Article 1347. All things which are not outside the commerce of men, including future things, may be the object of a contract.
What is the Civil Code for a quitclaim deed in California?
Under California Civil Code Sections 1091-1095 and Government Code Section 27201 et seq., every quit claim deed must include certain essential elements to be valid and recordable. The deed must identify the grantor (person transferring property) with their complete legal name exactly as it appears on the current title.
What is the Civil Code 1436?
1436. A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed. (Enacted 1872.)
Civil Code of the Philippines, Article 1434
What is the Article 1431 of the Civil Code?
Pursuant to Article 1431 of the Civil Code, "[t]hrough estoppel an admission or representation is rendered conclusive upon the party making it, and cannot be denied or disproved as against the person relying thereon." Article 1433, in turn, classifies estoppel as either in pais (by conduct) or by deed.
What is the 5 year dismissal rule in California?
California's 5-year dismissal statute, California Code of Civil Procedure (CCP) § 583.310, requires a civil case to be brought to trial within five years of filing the complaint, or the court must automatically dismiss it to prevent indefinite delays and preserve evidence, though time periods can be paused (tolled) if trial becomes impossible, impracticable, or futile, such as during the COVID-19 pandemic extension or for specific family law orders like child support.
What makes a quitclaim deed invalid?
Quitclaim deed "loopholes" aren't really loopholes but rather potential grounds to challenge a deed's validity, often involving fraud (forgery, coercion, lack of mental capacity), procedural errors (missing notarization/recording), or situations where it shouldn't have been used (outstanding mortgages, unclear title), leaving the grantee unprotected as it transfers "what interest, if any," the grantor has, without guarantees. Common challenges arise from undue influence, mental incompetence, or failure to meet state requirements, while failing to record a deed creates significant risks for the recipient.
What is the 5 year rule in California?
California's 5-year rule generally refers to Code of Civil Procedure § 583.310, mandating that a civil lawsuit must go to trial within five years of filing, or it's automatically dismissed; however, it also applies to workers' compensation, allowing reopening claims within five years of injury if conditions worsen, and in real estate, as part of the "2 out of 5-year" home sale exclusion rules.
What assets are untouchable in divorce?
Assets generally not split in a divorce are separate property, including assets owned before marriage, inheritances, personal gifts, and certain personal injury settlements, provided they are kept separate from marital funds (not commingled). However, these can become divisible if mixed with marital assets (like putting inheritance into a joint account) or if marital funds are used to improve them, requiring careful documentation to maintain their protected status.
What are examples of Civil Code issues?
Civil court cases can be about:
- money and debts.
- property.
- housing – such as eviction, foreclosure or to fix bad living conditions.
- an injury – such as from a car accident, medical malpractice or environmental harm.
- marriage and children – such as divorce, child custody, child support, or guardianship.
What is the Civil Code 1468?
Civil Code section 1468 sets forth the requirements for a covenant to run with the land, i.e., be binding on subsequent purchasers. The instrument creating the covenant must meet all the following requirements: The covenant must be contained in a written instrument.
What is the Civil Code 1708?
Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his or her rights. Read this complete California Code, Civil Code - CIV § 1708 on Westlaw. Westlaw subscription required.
What does California Civil Code 1542 mean?
1542. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
What is the Civil Code 9300 in California?
(a) Except as otherwise provided by statute, before giving a stop payment notice or asserting a claim against a payment bond, a claimant shall give preliminary notice to the following persons: (1) The public entity. (2) The direct contractor to which the claimant provides work.
What is California Civil Code 1714?
California Civil Code 1714 holds individuals responsible for injuries caused by their actions, including negligence, recklessness, or intent. It also makes entities liable for injuries resulting from their failure to exercise ordinary care.
Will a felony show up after 7 years in California?
In summary, an old felony can still show up on a background check if you haven't cleared it. Standard employment checks in California won't list convictions older than 7 years, but law enforcement or certain high-security checks will see everything, and public records will still show the case.
How long before a debt becomes uncollectible in California?
Debt collectors may not be able to sue you to collect on old (time-barred) debts, but they may still try to collect on those debts. In California, there is generally a four-year limit for filing a lawsuit to collect a debt based on a written agreement.
Are you legally married after 7 years in California?
No, you do not become legally married in California simply by living together for 7 years or any other length of time. The “7-year common law marriage” is a persistent myth. California does not recognize common law marriage established within its borders, regardless of how long a couple cohabitates.
Who benefits the most from a quitclaim deed?
The grantee (recipient) often benefits most from a quitclaim deed because they get ownership, but the grantor (giver) benefits by quickly transferring property without warranty, while the transaction itself (divorce, family gift, trust setup, error correction) benefits from the speed and simplicity, transferring property between trusted parties where the grantor has little risk, making the grantee take on the risk of title issues.
Why are quit claim deeds bad?
Because a quitclaim deed only releases a person's interests in a property, it leaves a mortgage alone. Transferring mortgaged property may trigger a due-on-sale clause, forcing the transferor to pay off the outstanding mortgage balance.
Can a will override a quit claim deed?
Assuming the grantor properly executed and filed the quitclaim deed while they were still alive, they would no longer own the property at the time of their death, and therefore they could not bequeath it in a will.
Can someone sue you for something that happened 5 years ago?
Common statutes of limitations: Personal injury: 2 years from the injury. Breach of a written contract: 4 years from the date the contract was broken. Breach of an oral contract: 2 years from the date the contract was broken.
How long do you have to be married to get half of everything in California?
To get half of the marital assets in a California divorce, the length of the marriage is less important than understanding community property itself. Whether you've been married for one year or twenty, the assets accumulated during that time are generally 50/50.
What is a rule 41 dismissal?
This rule applies to a dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal under Rule 41(a)(1)(A)(i) must be made: (1) before a responsive pleading is served; or. (2) if there is no responsive pleading, before evidence is introduced at a hearing or trial.