BlackletterCalifornia law

Civil Code § 1477

CHAPTER 1. Performance [1473. - [1479.]]

Current as of September 28, 2026Civ. Code, § 1477Official source ↗

Enacted 1872.

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.