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CALIFORNIA CIVIL CODE MAXIMS OF JURISPRUDENCE



§ 3511. Reason same

Where the reason is the same, the rule should be the same. (Enacted 1872.)


§ 3512. Change of purpose

One must not change his purpose to the injury of another. (Enacted 1872.)


§ 3513. Waiver of advantage; law established for public reason

Any one may waive the advantage of a law intended solely for his benefit. But a law established for a public reason cannot be contravened by a private agreement. (Enacted 1872.)


§ 3514. Use of rights

One must so use his own rights as not to infringe upon the rights of another. (Enacted 1872.)


§ 3515. Consent; effect

He who consents to an act is not wronged by it. (Enacted 1872.)


§ 3516. Acquiescence in error

Acquiescence in error takes away the right of objecting to it. (Enacted 1872.)


§ 3517. Advantage of own wrong

No one can take advantage of his own wrong. (Enacted 1872.)


§ 3518. Fraudulent conveyances

He who has fraudulently dispossessed himself of a thing may be treated as if he still had possession. (Enacted 1872.)


§ 3519. Presumptive agency

He who can and does not forbid that which is done on his behalf, is deemed to have bidden it. (Enacted 1872.)

§ 3520. Suffering from an act of another

No one should suffer by the act of another. (Enacted 1872.)


§ 3521. Benefit and burden

He who takes the benefit must bear the burden. (Enacted 1872.)


§ 3522. Essentials to use of thing granted

One who grants a thing is presumed to grant also whatever is essential to its use. (Enacted 1872.)


§ 3523. Remedy for wrong

For every wrong there is a remedy. (Enacted 1872.)


§ 3524. Equally in right or in wrong

Between those who are equally in the right, or equally in the wrong, the law does not interpose. (Enacted 1872.)


§ 3525. Preference of earliest right

Between rights otherwise equal, the earliest is preferred. (Enacted 1872.)


§ 3526. Responsibility for unavoidable occurrences

No man is responsible for that which no man can control. (Enacted 1872.)


§ 3527. Vigilance and delay

The law helps the vigilant, before those who sleep on their rights. (Enacted 1872.)


§ 3528. Form and Substance

The law respects form less than substance. (Enacted 1872.)


§ 3529. Presumption of performance

That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, performance is due. (Enacted 1872.)

§ 3530. Nonexistence

That which does not appear to exist is to be regarded as if it did not exist. (Enacted 1872.)


§ 3531. Impossibilities

The law never requires impossibilities. (Enacted 1872.)


§ 3532. Idle acts

The law neither does nor requires idle acts. (Enacted 1872.)


§ 3533. Trifles

The law disregards trifles. (Enacted 1872.)


§ 3534. Particular and general expressions

Particular expressions qualify those which are general. (Enacted 1872.)


§ 3535. Contemporaneous exposition

Contemporaneous exposition is in general the best. (Enacted 1872.)


§ 3536. Greater contains the less

The greater contains the less. (Enacted 1872.)


§ 3537. Superfluity

Superfluity does not vitiate. (Enacted 1872.)


§ 3538. Certainty


That is certain which can be made certain. (Enacted 1872.)


§ 3539. Time; void act

Time does not confirm a void act. (Enacted 1872.)


§ 3540. Incident follows principal

Then incident follows the principal, and not the principal the incident. (Enacted 1872.)


§ 3541. Interpretation; preference

An interpretation which gives effect is preferred to one which makes void. (Enacted 1872.)


§ 3542. Interpretation; reasonableness

Interpretation must be reasonable. (Enacted 1872.)


§ 3543. Which of two innocent persons must suffer

Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer. (Enacted 1872.)


§ 3545. Private transactions

Private transactions are fair and regular. (Added by Stats. 1965, c. 299, p. 1357, § 11, operative Jan. 1, 1967.)


§ 3546. Ordinary course of nature

Things happen according to the ordinary course of nature and the ordinary habits of life. (Added by Stats. 1965, c. 299, p. 1357, § 12, operative Jan. 1, 1967.)


§ 3547. Existence of things

A thing continues to exist as long as is usual with things of that nature. (Added by Stats. 1965, c. 299, p. 1357, § 13, operative Jan. 1, 1967.)


§ 3548. Law obeyed

The law has been obeyed. (Added by Stats. 1965, c. 299, p. 1357, § 14, operative Jan. 1, 1967.)



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