California Civil Code. California
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Название: California Civil Code
Автор: California
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392109821
isbn:
(Enacted 1872.)
685. An interest in common is one owned by several persons, not in joint ownership or partnership.
(Enacted 1872.)
686. Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, as provided in Section 683, or unless acquired as community property.
(Enacted 1872.)
687. Community property is property that is community property under Part 2 (commencing with Section 760) of Division 4 of the Family Code.
(Amended by Stats. 1992, Ch. 163, Sec. 6. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
688. In respect to the time of enjoyment, an interest in property is either:
1. Present or future; and,
2. Perpetual or limited.
(Enacted 1872.)
689. A present interest entitles the owner to the immediate possession of the property.
(Enacted 1872.)
690. A future interest entitles the owner to the possession of the property only at a future period.
(Enacted 1872.)
691. A perpetual interest has a duration equal to that of the property.
(Enacted 1872.)
692. A limited interest has a duration less than that of the property.
(Enacted 1872.)
696. Two or more future interests may be created to take effect in the alternative, so that if the first in order fails to vest, the next in succession shall be substituted for it, and take effect accordingly.
(Enacted 1872.)
697. A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect.
(Enacted 1872.)
698. When a future interest is limited to successors, heirs, issue, or children, posthumous children are entitled to take in the same manner as if living at the death of their parent.
(Enacted 1872.)
699. Future interests pass by succession, will, and transfer, in the same manner as present interests.
(Enacted 1872.)
700. A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind.
(Enacted 1872.)
701. In respect to real or immovable property, the interests mentioned in this Chapter are denominated estates, and are specially named and classified in Part II of this Division.
(Enacted 1872.)
702. The names and classification of interests in real property have only such application to interests in personal property as is in this Division of the Code expressly provided.
(Enacted 1872.)
703. No future interest in property is recognized by the law, except such as is defined in this Division of the Code.
(Enacted 1872.)
ARTICLE 2. Conditions of Ownership [707 — 714.5]
(Article 2 enacted 1872.)
707. The time when the enjoyment of property is to begin or end may be determined by computation, or be made to depend on events. In the latter case, the enjoyment is said to be upon condition.
(Enacted 1872.)
708. Conditions are precedent or subsequent. The former fix the beginning, the latter the ending, of the right.
(Enacted 1872.)
709. If a condition precedent requires the performance of an act wrong of itself, the instrument containing it is so far void, and the right cannot exist. If it requires the performance of an act not wrong of itself, but otherwise unlawful, the instrument takes effect and the condition is void.
(Enacted 1872.)
[710.] Section Seven Hundred and Ten. Conditions imposing restraints upon marriage, except upon the marriage of a minor, are void; but this does not affect limitations where the intent was not to forbid marriage, but only to give the use until marriage. (Amended by Code Amendments 1873-74, Ch. 612.)
711. Conditions restraining alienation, when repugnant to the interest created, are void.
(Enacted 1872.)
711.5. (a) Notwithstanding the provisions of Sections 711 and 1916.5, a state or local public entity directly or indirectly providing housing purchase or rehabilitation loans shall have the authority to deny assumptions, or require the denial of assumptions, by a subsequent ineligible purchaser or transferee of the prior borrower of the obligation of any such loan made for the purpose of rehabilitating or providing affordable housing. If such a subsequent purchaser or transferee does not meet such an entity’s eligibility requirements, that entity may accelerate or may require the acceleration of the principal balance of the loan to be all due and payable upon the sale or transfer of the property.
(b) As a condition of authorizing assumption of a loan pursuant to this section, the entity may recast the repayment schedule for the remainder of the term of the loan by increasing the interest to the current market rate at the time of assumption, or to such lower rate of interest as is the maximum allowed by an entity that provided any insurance or other assistance which results in an assumption being permitted. Any additional increment of interest produced by increasing the rate of interest upon a loan pursuant to this subdivision shall be transmitted or forwarded to the entity for deposit in the specified fund from which the loan was made, or, if no such fund exists, or the public entity has directed otherwise, then to the general fund of such entity.
(c) The state or local public entity providing assistance as specified in this section may implement appropriate measures to assure compliance with this section.
(Added by Stats. 1979, Ch. 971.)
712. (a) Every provision contained in or otherwise affecting a grant of a fee interest in, or purchase money security instrument upon, real property in this state heretofore or hereafter made, which purports to prohibit or restrict the right of the property owner or his or her agent to display or have displayed on the real property, or on real property owned by others with their consent, or both, signs which are reasonably located, in plain view of the public, are of reasonable dimensions and design, and do not adversely affect public safety, including traffic safety, and which advertise the property for sale, lease, or exchange, or advertise СКАЧАТЬ