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HomeCivil CodeDiv. 2Pt. 4Ch. 1Art. 1§ 1040 Voluntary Transfer Contracts

§ 1040 Voluntary Transfer Contracts

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1040 Voluntary Transfer Contracts

This law says that a gift or other voluntary transfer counts as a contract even though it doesn't need anything of value exchanged to be valid.

Key Takeaways

  • •A voluntary transfer is treated like a regular contract.
  • •No consideration (something of value) is required for it to be valid.
  • •The transfer must be truly voluntary, not forced.

Example

Your neighbor promises to give you their lawn mower as a gift, and you accept it.

Because the neighbor's promise was made voluntarily, the law treats it like a contract even though you didn't give anything in return. You can enforce the promise if they later try to take the mower back.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1040 Voluntary Transfer Contracts

A voluntary transfer is an executed contract, subject to all rules of law concerning contracts in general; except that a consideration is not necessary to its validity. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

voluntary transferexecuted contractconsideration

Related Statutes

  • § 1039 Property Title Transfer
  • § 1790 Consumer Warranty Protection
  • § 1790.1 Consumer Waiver Prohibition
  • § 1790.2 Severability Of Provisions
  • § 1790.3 Consumer Goods Override Commercial Code

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 1040.
View Official Source