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California Civil Code Section 1477

Legal Research Home > California Laws > Civil Code > California Civil Code Section 1477

1477.  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.

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Last modified: March 17, 2014