CHAPTER 2. Specific Relief

Chapter 2 enacted 1872.

§§ 3375–3415 · 21 sections

1. ARTICLE 1. Possession of Real Property § 3375 · 1 section

   • § 3375 A person entitled to specific real property, by reason either of a perfected title, or of a claim to title which ought to be perfected, may recover the same in…
2. ARTICLE 2. Possession of Personal Property [3379. - [3380.]] §§ 3379–[3380.] · 2 sections

   • § 3379 A person entitled to the immediate possession of specific personal property may recover the same in the manner provided by the Code of Civil Procedure.
   • § [3380.] Section Thirty-three Hundred and Eighty. Any person having the possession or control of a particular article of personal property, of which he is not the…
3. ARTICLE 3. Specific Performance of Obligations [[3384.] - 3395.] §§ [3384.]–3395 · 10 sections

   • § [3384.] Section Thirty-three Hundred and Eighty-four. Except as otherwise provided in this Article, the specific performance of an obligation may be compelled.
   • § 3386 Notwithstanding that the agreed counterperformance is not or would not have been specifically enforceable, specific performance may be compelled if: (a)…
   • § 3387 It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation. In the case of a…
   • § 3388 A party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter has performed,…
   • § 3389 A contract otherwise proper to be specifically enforced, may be thus enforced, though a penalty is imposed, or the damages are liquidated for its breach, and…
   • § 3390 The following obligations cannot be specifically enforced: (a) An obligation to render personal service. (b) An obligation to employ another in personal…
   • § 3391 Specific performance cannot be enforced against a party to a contract in any of the following cases: 1. If he has not received an adequate consideration for…
   • § 3392 Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation…
   • § 3394 An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt.
   • § 3395 Whenever an obligation in respect to real property would be specifically enforced against a particular person, it may be in like manner enforced against any…
4. ARTICLE 4. Revision of Contracts §§ 3399–3402 · 4 sections

   • § 3399 When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not…
   • § 3400 For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement.
   • § 3401 In revising a written instrument, the Court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is…
   • § 3402 A contract may be first revised and then specifically enforced.
5. ARTICLE 6. Cancellation of Instruments §§ 3412–3415 · 4 sections

   • § 3412 A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it…
   • § 3413 An instrument, the invalidity of which is apparent upon its face, or upon the face of another instrument which is necessary to the use of the former in…
   • § 3414 Where an instrument is evidence of different rights or obligations, it may be canceled in part, and allowed to stand for the residue.
   • § 3415 (a) An action may be maintained by any person interested in any private document or instrument in writing, which has been lost or destroyed, to prove or…