PRELIMINARY PROVISIONS
Preliminary Provisions enacted 1872.
§§ 2–21 · 18 sections
- § 2 This Code takes effect at twelve o'clock noon, on the first day of January, eighteen hundred and seventy-three.
- § 3 No part of it is retroactive, unless expressly so declared.
- § 4 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…
- § 5 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…
- § 6 No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by its provisions.
- § 7 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…
- § 7.1 Optional bank holidays within the meaning of Section 9 are: (a) Any closing of a bank because of an extraordinary situation, as that term is defined in the…
- § 9 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…
- § 10 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…
- § 11 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…
- § 12 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…
- § 13 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…
- § 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;…
- § 17 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…
- § 18 Notice is: 1. Actual—which consists in express information of a fact; or, 2. Constructive—which is imputed by law.
- § 19 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…
- § 20 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…
- § 21 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.