DIVISION 3. OBLIGATIONS 1427-3273.91›PART 1. OBLIGATIONS IN GENERAL 1427-1543›TITLE 4. EXTINCTION OF OBLIGATIONS 1473-1543›CHAPTER 1. Performance 1473-1479

§ 1477

California Civil Code · 2026-09 edition · updated 2026-10-03 · California

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.

(Enacted 1872.)

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California Civil Code

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