Section § 2

Explanation

This law states that the California Civil Code officially became effective at 12:00 PM on January 1, 1873.

This Code takes effect at twelve o'clock noon, on the first day of January, eighteen hundred and seventy-three.

Section § 3

Explanation

This law states that new legal rules or changes don't apply to past events unless the law specifically says they do.

No part of it is retroactive, unless expressly so declared.

Section § 4

Explanation

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.

The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code establishes the law of this State respecting the subjects to which it relates, and its provisions are to be liberally construed with a view to effect its objects and to promote justice.

Section § 5

Explanation

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.

The provisions of this Code, so far as they are substantially the same as existing statutes or the common law, must be construed as continuations thereof, and not as new enactments.

Section § 6

Explanation

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.

No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by its provisions.

Section § 7

Explanation

This law section defines 'holidays' as every Sunday and any other days recognized as holidays under California's Government Code.

Holidays within the meaning of this code are every Sunday and such other days as are specified or provided for as holidays in the Government Code of the State of California.

Section § 7.1

Explanation

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.

Optional bank holidays within the meaning of Section 9 are:
(a)CA Civil Law Code § 7.1(a) Any closing of a bank because of an extraordinary situation, as that term is defined in the Bank Extraordinary Situation Closing Act (Chapter 20 (commencing with Section 3600) of Division 1 of the Financial Code).
(b)CA Civil Law Code § 7.1(b) Every Saturday.
(c)CA Civil Law Code § 7.1(c) Every Sunday.
(d)CA Civil Law Code § 7.1(d) January 1st.
(e)CA Civil Law Code § 7.1(e) The third Monday in January, known as “Dr. Martin Luther King, Jr. Day.”
(f)CA Civil Law Code § 7.1(f) February 12, known as “Lincoln Day.”
(g)CA Civil Law Code § 7.1(g) The third Monday in February.
(h)CA Civil Law Code § 7.1(h) The last Monday in May.
(i)CA Civil Law Code § 7.1(i) July 4th.
(j)CA Civil Law Code § 7.1(j) The first Monday in September.
(k)CA Civil Law Code § 7.1(k) September 9th, known as “Admission Day.”
(l)CA Civil Law Code § 7.1(l) The second Monday in October, known as “Columbus Day.”
(m)CA Civil Law Code § 7.1(m) November 11th, known as “Veteran’s Day.”
(n)CA Civil Law Code § 7.1(n) December 25th.
(o)CA Civil Law Code § 7.1(o) Good Friday from 12 noon until closing.
(p)CA Civil Law Code § 7.1(p) The Thursday in November appointed as “Thanksgiving Day.”
(q)CA Civil Law Code § 7.1(q) Any Monday following any Sunday on which January 1st, February 12th, July 4th, September 9th, November 11th, or December 25th falls.
(r)CA Civil Law Code § 7.1(r) Any Friday preceding any Saturday on which July 4th, September 9th, or December 25th falls.

Section § 9

Explanation

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.

All other days than those mentioned in Section 7 are business days for all purposes; provided, that as to any act appointed by law or contract, or in any other way, to be performed by, at, or through any bank organized under the laws of or doing business in this state, any optional bank holiday as defined in Section 7.1 is not a business day; and provided, that any act appointed by law or contract, or in any other way, to be performed on any day which is an optional bank holiday as defined in Section 7.1, by, at, or through any bank or branch or office thereof, whether acting in its own behalf or in any other capacity whatsoever, may be performed on that optional bank holiday if the bank or branch or office by, at, or through which the act is to be performed is open for the transaction of business on that optional bank holiday, or, at the option of the person obligated to perform the act, it may be performed on the next succeeding business day.

Section § 10

Explanation

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.

The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.

Section § 11

Explanation

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.

Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, it may be performed upon the next business day, with the same effect as if it had been performed upon the day appointed.

Section § 12

Explanation

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.

Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is otherwise expressed in the Act giving the authority.

Section § 13

Explanation

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.

Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition.

Section § 14

Explanation

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.

(a)CA Civil Law Code § 14(a) Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word person includes a corporation as well as a natural person; county includes city and county; writing includes printing and typewriting; oath includes affirmation or declaration; and every mode of oral statement, under oath or affirmation, is embraced by the term “testify,” and every written one in the term “depose”; signature or subscription includes mark, when the person cannot write, his name being written near it, by a person who writes his own name as a witness; provided, that when a signature is by mark it must in order that the same may be acknowledged or may serve as the signature to any sworn statement be witnessed by two persons who must subscribe their own names as witnesses thereto.
(b)CA Civil Law Code § 14(b) The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context:
(1)CA Civil Law Code § 14(b)(1) The word “property” includes property real and personal.
(2)CA Civil Law Code § 14(b)(2) The words “real property” are coextensive with lands, tenements, and hereditaments.
(3)CA Civil Law Code § 14(b)(3) The words “personal property” include money, goods, chattels, things in action, and evidences of debt.
(4)CA Civil Law Code § 14(b)(4) The word “month” means a calendar month, unless otherwise expressed.
(5)CA Civil Law Code § 14(b)(5) The word “will” includes codicil.
(6)CA Civil Law Code § 14(b)(6) The word “section” whenever hereinafter employed refers to a section of this code, unless some other code or statute is expressly mentioned.
(7)CA Civil Law Code § 14(b)(7) The word “spouse” includes a registered domestic partner, as required by Section 297.5 of the Family Code.

Section § 17

Explanation

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.

Wherever any notice or other communication is required by this code to be mailed by registered mail, the mailing of such notice or other communication by certified mail shall be deemed to be a sufficient compliance with the requirements of law.

Section § 18

Explanation

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.

Notice is:
1. Actual—which consists in express information of a fact; or,
2. Constructive—which is imputed by law.

Section § 19

Explanation

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.

Every person who has actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he or she might have learned that fact.

Section § 20

Explanation

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.

No statute, law, or rule is continued in force because it is consistent with the provisions of this Code on the same subject; but in all cases provided for by this Code, all statutes, laws, and rules heretofore in force in this State, whether consistent or not with the provisions of this Code, unless expressly continued in force by it, are repealed or abrogated.
This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in this Code provided.

Section § 21

Explanation

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.

This Act, whenever cited, enumerated, referred to, or amended, may be designated simply as “The Civil Code,” adding, when necessary, the number of the section.