Cal. Civil Code § 1477

California · California Civil Code · Status: effective

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Citation: Cal. Civil Code § 1477, California, version 1 as recorded 2026-07-25, yourstate.us, https://yourstate.us/provision/786540
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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.