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lawCode=COM&sectionNum=3310.&highlight=true&keyword=obligations

COMMERCIAL CODE - COM

DIVISION 3. NEGOTIABLE INSTRUMENTS [3101 - 3605]
( Division 3 repealed and added by Stats. 1992, Ch. 914, Sec. 6. )

CHAPTER 3. Enforcement of Instruments [3301 - 3312]

( Chapter 3 added by Stats. 1992, Ch. 914, Sec. 6. )

3310.
(a) Unless otherwise agreed, if a certified check, cashier’s check, or teller’s check is
taken for an obligation, the obligation is discharged to the same extent discharge
would result if an amount of money equal to the amount of the instrument were
taken in payment of the obligation. Discharge of the obligation does not affect any
liability that the obligor may have as an indorser of the instrument.
(b) Unless otherwise agreed and except as provided in subdivision (a), if a note or
an uncertified check is taken for an obligation, the obligation is suspended to the
same extent the obligation would be discharged if an amount of money equal to the
amount of the instrument were taken, and the following rules apply:
(1) In the case of an uncertified check, suspension of the obligation continues
until dishonor of the check or until it is paid or certified. Payment or certification
of the check results in discharge of the obligation to the extent of the amount of
the check.

(2) In the case of a note, suspension of the obligation continues until dishonor of
the note or until it is paid. Payment of the note results in discharge of the
obligation to the extent of the payment.

(3) Except as provided in paragraph (4), if the check or note is dishonored and
the obligee of the obligation for which the instrument was taken is the person
entitled to enforce the instrument, the obligee may enforce either the instrument
or the obligation. In the case of an instrument of a third person which is
negotiated to the obligee by the obligor, discharge of the obligor on the
instrument also discharges the obligation.

(4) If the person entitled to enforce the instrument taken for an obligation is a
person other than the obligee, the obligee may not enforce the obligation to the
extent the obligation is suspended. If the obligee is the person entitled to enforce
the instrument but no longer has possession of it because it was lost, stolen, or
destroyed, the obligation may not be enforced to the extent of the amount
payable on the instrument, and to that extent the obligee’s rights against the
obligor are limited to enforcement of the instrument.

(c) If an instrument other than one described in subdivision (a) or (b) is taken for
an obligation, the effect is (1) that stated in subdivision (a) if the instrument is one
on which a bank is liable as maker or acceptor, or (2) that stated in subdivision (b)
in any other case.
(Added by Stats. 1992, Ch. 914, Sec. 6. Effective January 1, 1993.)

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%5B1479.%5D&highlight=true&keyword=obligations

CIVIL CODE - CIV

DIVISION 3. OBLIGATIONS [1427 - 3273.69]
( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. )

PART 1. OBLIGATIONS IN GENERAL [1427 - 1543]

( Part 1 enacted 1872. )

TITLE 4. EXTINCTION OF OBLIGATIONS [1473 - 1543]

( Title 4 enacted 1872. )

CHAPTER 1. Performance [1473 - [1479.]]

( Chapter 1 enacted 1872. )

[1479.]
Section Fourteen Hundred and Seventy-nine. Where a debtor, under
several obligations to another, does an act, by way of performance, in whole or in
part, which is equally applicable to two or more of such obligations, such
performance must be applied as follows:
One—If, at the time of performance, the intention or desire of the debtor that such
performance should be applied to the extinction of any particular obligation, be
manifested to the creditor, it must be so applied.
Two—If no such application be then made, the creditor, within a reasonable time
after such performance, may apply it toward the extinction of any obligation,
performance of which was due to him from the debtor at the time of such
performance; except that if similar obligations were due to him both individually and
as a trustee, he must, unless otherwise directed by the debtor, apply the
performance to the extinction of all such obligations in equal proportion; and an
application once made by the creditor cannot be rescinded without the consent of
[the] debtor.
Three—If neither party makes such application within the time prescribed herein,
the performance must be applied to the extinction of obligations in the following
order; and, if there be more than one obligation of a particular class, to the
extinction of all in that class, ratably:
1. Of interest due at the time of the performance.
2. Of principal due at that time.
3. Of the obligation earliest in date of maturity.
4. Of an obligation not secured by a lien or collateral undertaking.
5. Of an obligation secured by a lien or collateral undertaking.
(Amended by Code Amendments 1873-74, Ch. 612.)

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lawCode=GOV&sectionNum=5051.&highlight=true&keyword=obligations

GOVERNMENT CODE - GOV

TITLE 1. GENERAL [100 - 7931.000]
( Title 1 enacted by Stats. 1943, Ch. 134. )

DIVISION 6. PUBLIC BONDS AND OBLIGATIONS [5000 - 5979]

( Division 6 enacted by Stats. 1943, Ch. 134. )

CHAPTER 1.5. Registered Public Obligations [5050 - 5062]

( Chapter 1.5 added by Stats. 1983, Ch. 59, Sec. 1. )

5051.
As used in this chapter, the following terms have the following meanings, unless the
context otherwise requires:
(a) “Authorized officer” means any individual required or permitted, alone or with
others, by any provision of law or by the issuing public entity, to execute on behalf
of the public entity a certificated registered public obligation or a writing relating to
an uncertificated registered public obligation.
(b) “Certificated registered public obligation” means a registered public obligation
which is represented by an instrument.
(c) “Code” means the Internal Revenue Code of 1954, as amended.
(d) “Facsimile seal” means the reproduction by engraving, imprinting, stamping, or
other means of the seal of the issuer, official or official body.
(e) “Facsimile signature” means the reproduction by engraving, imprinting,
stamping, or other means of a manual signature.
(f) “Financial intermediary” means a bank, broker, clearing corporation, or other
person, or the nominee of any of them, which in the ordinary course of its business
maintains registered public obligation accounts for its customers, when so acting.
(g) “Issuer” means a public entity which issues an obligation.
(h) “Obligation” means an agreement of a public entity to pay principal and any
interest thereon, whether in the form of a contract to repay borrowed money, a
lease, an installment purchase agreement, or otherwise, and includes a share,
participation, or other interest in any such agreement.
(i) “Official actions” means the actions by statute, order, ordinance, resolution,
contract, or other authorized means by which the issuer provides for issuance of a
registered public obligation.
(j) “Official or official body” means the officer or board that is empowered under the
laws of this state to provide for original issuance of an obligation of the issuer, by
defining the obligation and its terms, conditions, and other incidents, the successor
or successors of any such official or official body, and such other person or group or
persons as shall be assigned duties of such official or official body with respect to a
registered public obligation under applicable law from time to time.
(k) “Public entity” means any entity, department, or agency which is empowered
under the laws of this state, to issue obligations any interest with respect to which
may, under provision of law, be provided an exemption from the income tax
referred to in the code. The term “public entity” may thus include, without
limitation, the state, an entity deriving powers from and acting pursuant to the
State Constitution or a special legislative act, a political subdivision, a municipal
corporation, a state university or college, a school or other special district, a joint
agreement entity, a public authority, a public trust, a nonprofit corporation, and
other organizations.
(l) “Registered public obligation” means an obligation issued by a public entity
pursuant to a system of registration.
(m) “System of registration” and its variants means a plan that provides:
(i) With respect to a certificated registered public obligation that (1) the
certificated registered public obligation specify a person entitled to the
registered public obligation and the rights it represents, and (2) transfer of
the certificated registered public obligation and the rights it represents may
be registered upon books maintained for that purpose by or on behalf of
the issuer; and

(ii) With respect to an uncertificated registered public obligation, that (1)

books maintained by or on behalf of the issuer for the purpose of
registration of the transfer of a registered public obligation specify a person
entitled to the registered public obligation and the rights evidenced
thereby, and (2) transfer of the uncertificated registered public obligation
and the rights evidenced thereby be registered upon such books.

(n) “Uncertificated registered public obligation” means a registered public obligation

which is not represented by an instrument.
(Added by Stats. 1983, Ch. 59, Sec. 1. Effective June 2, 1983.)

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lawCode=CIV&sectionNum=2792.&article=2.&highlight=true&keyword=obligations

CIVIL CODE - CIV

DIVISION 3. OBLIGATIONS [1427 - 3273.69]
( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. )

PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 -

3273.69]
 ( Part 4 enacted 1872. )

TITLE 13. SURETYSHIP [2787 - 2856]

( Heading of Title 13 amended by Stats. 1939, Ch. 453. )

ARTICLE 2. Creation of Suretyship [2792 - 2795]

( Heading of Article 2 amended by Stats. 1939, Ch. 453. )

2792.
Where a suretyship obligation is entered into at the same time with the original
obligation, or with the acceptance of the latter by the creditor, and forms with that
obligation a part of the consideration to him, no other consideration need exist. In
all other cases there must be a consideration distinct from that of the original
obligation.
(Amended by Stats. 1939, Ch. 453.)