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      CCP 423     

  

Art. 423.  Implied right to enforce obligation; prematurity

An obligation implies a right to enforce it which may or may not accrue immediately upon the creation of the obligation.  When the obligation allows a term for its performance, the right to enforce it does not accrue until the term has elapsed.  If the obligation depends upon a suspensive condition, the right to enforce it does not accrue until the occurrence or performance of the condition.

When an action is brought on an obligation before the right to enforce it has accrued, the action shall be dismissed as premature, but it may be brought again after this right has accrued.



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