Cal. Codes » Civil Code / DIVISION 3. OBLIGATIONS / PART 2. CONTRACTS / TITLE 1. NATURE OF A CONTRACT / CHAPTER 3. Consent
California Codes

Cal. Civil Code § 1590 (2026)

Consent

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will take place, in the event that the donee refuses to enter into the marriage as contemplated or that it is given up by mutual consent, the donor may recover such gift or such part of its value as may, under all of the circumstances of the case, be found by a court or jury to be just.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 1972–2024 · leading case: Santoro v. Carbone, 22 Cal. App. 3d 721 (Cal. Ct. App. 1972).
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Santoro v. Carbone, 22 Cal. App. 3d 721 (Cal. Ct. App. 1972). “" [8] Civil Code section 1590 provides: "Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will take place, in the event that the donee refuses to enter into the marriage as…”
Yacullo v. AIG Prop. Cas. Co., No. 3:23-cv-02019 (S.D. Cal. June 12, 2024). · cites it 3× “27 Cal. Civ. Code § 1590 . 28 1 That is, such a gift is still a gift, but it is a conditional gift because the donor can bring an 2 action to recover the gift if the donee refuses to enter into marriage as contemplated or 3 the parties give up the contemplated marriage by mutual…”
Santoro v. Carbone, 22 Cal. App. 3d 721 (Cal. Ct. App. 1972). “” Civil Code section 1590 provides: “Where either party to a contemplated marriage in this State makes a gift of money or property to the other on the basis or assumption that the marriage will take place, in the event that the donee refuses to enter into the marriage as…”
Mondrian v. Kaur, No. 1:21-cv-00151 (E.D. Cal. Feb. 9, 2021). “Cal. Civil Code § 1590 . Likewise, where the donor is the cause of the failure of the condition, 28”
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