Preliminary Provisions
Section § 2
This law states that the California Civil Code officially became effective at 12:00 PM on January 1, 1873.
Section § 3
This law states that new legal rules or changes don't apply to past events unless the law specifically says they do.
Section § 4
This section explains that when interpreting the Civil Code of California, the traditional rule that demands a strict interpretation of statutes that change common law does not apply. Instead, the Code should be interpreted in a flexible and broad manner to achieve its goals and ensure fairness.
Section § 5
This law says that if parts of the Civil Code are mostly the same as current laws or common law, they should be seen as continuing those laws, not as new laws.
Section § 6
This law states that any legal cases or rights that began or were established before this code came into effect won't be impacted by the new rules in this code.
Section § 7
This law section defines 'holidays' as every Sunday and any other days recognized as holidays under California's Government Code.
Section § 7.1
This section outlines the days when banks can be optionally closed, known as bank holidays. These include weekends (Saturday and Sunday), federal holidays like New Year's Day, Dr. Martin Luther King, Jr. Day, Lincoln Day, and others such as July 4th and Thanksgiving. It also covers specific state holidays, like Admission Day, and provides for closures due to extraordinary situations. Additionally, it addresses observed holidays that fall on weekends, like when July 4th lands on a Saturday, allowing for closure on the preceding Friday.
Section § 9
In California, all days except those listed in Section 7 are considered business days. However, if something needs to be done through a bank on an 'optional bank holiday' (as defined in Section 7.1), that day is not a business day. If the bank is open on an optional bank holiday, then business can be conducted. Otherwise, the person responsible for the action can choose to perform it on the next business day.
Section § 10
This law explains how to calculate deadlines for legal actions in California. When counting days, you exclude the first day and include the last day. However, if the last day is a holiday, you also exclude it from the count.
Section § 11
If a task that isn't urgent or related to helping others is supposed to be done on a certain day, but that day is a holiday, you can do it on the next working day, and it'll count the same as if you did it on the original day.
Section § 12
This law means that when a group of three or more people are given authority to do something together, a decision can be made based on a majority vote among them, unless the actual law says otherwise.
Section § 13
This law section states that words should generally be understood in their everyday sense based on context. However, technical or specialized legal terms, or words with specific legal definitions, should be interpreted according to their unique legal meanings.
Section § 14
This law section clarifies that certain words in the code should be understood in specific ways to avoid confusion. For example, words in the present tense cover the future too, and masculine terms include all genders. Singular words also refer to plural, and 'person' covers both natural people and corporations. The law explains that 'property' includes real and personal property, and 'real property' includes lands and buildings, while 'personal property' covers items like money and goods. It defines a 'month' as a calendar month, and a 'will' includes any changes or additions to a will, known as a codicil. A 'spouse' also includes registered domestic partners.
Section § 17
If a notice or communication has to be sent by registered mail according to this code, sending it by certified mail is also acceptable and meets the legal requirements.
Section § 18
This section explains two types of legal notice: 'actual' and 'constructive'. 'Actual notice' means you're directly told about something, like receiving a letter or email. 'Constructive notice' is when the law assumes you know something, even if you haven't been directly informed, because it's been made publicly available or should reasonably be known.
Section § 19
If you know enough about a situation that would make a careful person investigate further, you're considered to know the facts you could have discovered by looking into it.
Section § 20
This legal section states that if a statute, law, or rule in California is consistent with this code's provisions, it doesn't mean it's still in effect unless explicitly stated. Any previous laws not mentioned in this code are canceled unless they're specifically kept. However, canceling these laws doesn't bring back old laws that were already canceled, and it doesn't change any existing rights or ongoing legal actions unless the code says so.
Section § 21
In California, when referring to, changing, or listing laws within this Act, it can simply be called "The Civil Code," with the specific section number added if needed.