California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 16 — General Provisions, Section 3268
Except where it is otherwise declared, the provisions of the foregoing titles of this part, in respect to the rights and obligations of parties to contracts, are subordinate to the intention of the parties, when ascertained in the manner prescribed by the chapter on the interpretation of contracts; and the benefit thereof may be waived by any party entitled thereto, unless such waiver would be against public policy.
Notes
Allows the parties’ ascertained contractual intention to control over the preceding statutory contract-rights and obligations rules unless otherwise declared. Allows a party entitled to the benefit of those rules to waive that benefit, except when the waiver would violate public policy, making public policy the stated limit on waiver.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 3268 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-16/section-3268