Except where it is otherwise declared, the provisions of the foregoing titles of this part, in respect to the rights and obligations of parties to contracts, are subordinate to the intention of the parties, when ascertained in the manner prescribed by the chapter on the interpretation of contracts; and the benefit thereof may be waived by any party entitled thereto, unless such waiver would be against public policy.
Obligations Arising From Particular TransactionsGeneral Provisions
Section § 3268
This law says that when it comes to contracts, what the people involved intended matters more than the standard rules, as long as that intention is clear. A party can give up their benefits under the contract, unless doing so would harm the public interest.
contract interpretation parties' intention waiver of rights
