Code Section Group

Civil Code - CIV

DIVISION 4. GENERAL PROVISIONS [3274 - 9566]

  ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. )

PART 1. RELIEF [3274 - 3428]

  ( Part 1 enacted 1872. )

TITLE 3. SPECIFIC AND PREVENTIVE RELIEF [3366 - 3424]

  ( Title 3 enacted 1872. )

CHAPTER 2. Specific Relief [3375 - 3415]

  ( Chapter 2 enacted 1872. )

ARTICLE 4. Revision of Contracts [3399 - 3402]
  ( Article 4 enacted 1872. )

3399.
  

When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express that intention, so far as it can be done without prejudice to rights acquired by third persons, in good faith and for value.

(Enacted 1872.)

3400.
  

For the purpose of revising a contract, it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement.

(Enacted 1872.)

3401.
  

In revising a written instrument, the Court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended to be.

(Enacted 1872.)

3402.
  

A contract may be first revised and then specifically enforced.

(Enacted 1872.)

CIVCivil Code - CIV4