SECTIONS 3429-3434 - California Statutes

CIVIL CODE

SECTION 3429-3434

3429. A debtor, within the meaning of this Title, is one who, by
reason of an existing obligation, is or may become liable to pay
money to another, whether such liability is certain or contingent.

3430. A creditor, within the meaning of this Title, is one in whose
favor an obligation exists, by reason of which he is, or may become,
entitled to the payment of money.

3431. In the absence of fraud, every contract of a debtor is valid
against all his creditors, existing or subsequent, who have not
acquired a lien on the property affected by such contract.

3432. A debtor may pay one creditor in preference to another, or
may give to one creditor security for the payment of his demand in
preference to another.

3433. Where a creditor is entitled to resort to each of several
funds for the satisfaction of his claim, and another person has an
interest in, or is entitled as a creditor to resort to some, but not
all of them, the latter may require the former to seek satisfaction
from those funds to which the latter has no such claim, so far as it
can be done without impairing the right of the former to complete
satisfaction, and without doing injustice to third persons.

3434. A lender who makes a loan of money, the proceeds of which are
used or may be used by the borrower to finance the design,
manufacture, construction, repair, modification or improvement of
real or personal property for sale or lease to others, shall not be
held liable to third persons for any loss or damage occasioned by any
defect in the real or personal property so designed, manufactured,
constructed, repaired, modified or improved or for any loss or damage
resulting from the failure of the borrower to use due care in the
design, manufacture, construction, repair, modification or
improvement of such real or personal property, unless such loss or
damage is a result of an act of the lender outside the scope of the
activities of a lender of money or unless the lender has been a party
to misrepresentations with respect to such real or personal
property.