California

Civil Code

4,109 sections, each with the official text and a plain-English explanation of what it means for you.

• § [1019.] — Section Ten Hundred and Nineteen.
• § [1053.] — Section Ten Hundred and Fifty-three.
• § [1110.] — Section Eleven Hundred and Ten.
• § [1112.] — Section Eleven Hundred and Twelve.
• § [1114.] — Section Eleven Hundred and Fourteen.
• § [1170.] — Section Eleven Hundred and Seventy.
• § [1199.] — Section Eleven Hundred and Ninety-nine.
• § [1428.] — Section Fourteen Hundred and Twenty-eight.
• § [1479.] — Section Fourteen Hundred and Seventy-nine.
• § [1488.] — Section Fourteen Hundred and Eighty-eight.
• § [1512.] — Section Fifteen Hundred and Twelve.
• § [1521.] — Section Fifteen Hundred and Twenty-one.
• § [1524.] — Section Fifteen Hundred and Twenty-four.
• § [1533.] — Section Fifteen Hundred and Thirty-three.
• § [1840.] — Section Eighteen Hundred and Forty.
• § [1914.] — Section Nineteen Hundred and Fourteen.
• § [1915.] — Section Nineteen Hundred and Fifteen.
• § [1941.] — Section Nineteen Hundred and Forty-one.
• § [2120.] — Section Twenty-one Hundred and Twenty.
• § [2121.] — Section Twenty-one Hundred and Twenty-one.
• § [2162.] — Section Twenty-one Hundred and Sixty-two.
• § [2168.] — Section Twenty-one Hundred and Sixty-eight.
• § [2172.] — Section Twenty-one Hundred and Seventy-two.
• § [2174.] — Section Twenty-one Hundred and Seventy-four.
• § [2176.] — Section Twenty-one Hundred and Seventy-six.
• § [2177.] — Section Twenty-one Hundred and Seventy-seven.
• § [2183.] — Section Twenty-one Hundred and Eighty-three.
• § [2196.] — Section Twenty-one Hundred and Ninety-six.
• § [2200.] — Section Twenty-two Hundred.
• § [2204.] — Section Twenty-two Hundred and Four.
• § [2773.] — Section Twenty-seven Hundred and Seventy-three.
• § [2839.] — Section Twenty-eight Hundred and Thirty-nine.
• § [2930.] — Section Twenty-nine Hundred and Thirty.
• § [3300.] — Section Thirty-three Hundred.
• § [3356.] — Section Thirty-three Hundred and Fifty-six.
• § [3380.] — Section Thirty-three Hundred and Eighty.
• § [3384.] — Section Thirty-three Hundred and Eighty-four.
• § [3480.] — A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon indivi
• § [670.] — Section Six Hundred and Seventy.
• § [671.] — Any person, regardless of their citizenship status, may take, hold, and dispose of property, real or personal, within this state.
• § [710.] — Section Seven Hundred and Ten.
• § [755.] — Section Seven Hundred and Fifty-five.
• § [762.] — Section Seven Hundred and Sixty-two.
• § [766.] — Section Seven Hundred and Sixty-six.
• § [802.] — Section Eight Hundred and Two.
• § [830.] — Section Eight Hundred and Thirty.
• § [953.] — Section Nine Hundred and Fifty-three.
• § 1 — This Act shall be known as T he C ivil C ode of the S tate of C alifornia , and is in Four Divisions, as follows: I.
• § 10 — The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.
• § 1000 — Property is acquired by: 1.
• § 1001 — (a) As used in this section, “utility service” means water, gas, electric, drainage, sewer, or telephone service.
• § 1002 — (a) Subject to the provisions of Article 3 (commencing with Section 1245.
• § 1006 — Occupancy for any period confers a title sufficient against all except the state and those who have title by prescription, accession, transfer, will, or succession; but the title conferred by occupanc
• § 1007 — Occupancy for the period prescribed by the Code of Civil Procedure as sufficient to bar any action for the recovery of the property confers a title thereto, denominated a title by prescription, which
• § 1008 — No use by any person or persons, no matter how long continued, of any land, shall ever ripen into an easement by prescription, if the owner of such property posts at each entrance to the property or a
• § 1009 — (a) The Legislature finds that: (1) It is in the best interests of the state to encourage owners of private real property to continue to make their lands available for public recreational use to suppl
• § 1013 — When a person affixes his property to the land of another, without an agreement permitting him to remove it, the thing affixed, except as otherwise provided in this chapter, belongs to the owner of th
• § 1013.5 — (a) When any person, acting in good faith and, erroneously believing because of a mistake either of law or fact that he has a right to do so, affixes improvements to the land of another, such person,
• § 1014 — Where, from natural causes, land forms by imperceptible degrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of material or by the recession of the stream, su
• § 1015 — If a river or stream, navigable or not navigable, carries away, by sudden violence a considerable and distinguishable part of a bank, and bears it to the opposite bank, or to another part of the same
• § 1016 — Islands and accumulations of land, formed in the beds of streams which are navigable, belong to the State, if there is no title or prescription to the contrary.
• § 1017 — An island, or an accumulation of land, formed in a stream which is not navigable, belongs to the owner of the shore on that side where the island or accumulation is formed; or, if not formed on one si
• § 1018 — If a stream, navigable or not navigable, in forming itself a new arm, divides itself and surrounds land belonging to the owner of the shore, and thereby forms an island, the island belongs to such own
• § 1025 — When things belonging to different owners have been united so as to form a single thing, and cannot be separated without injury, the whole belongs to the owner of the thing which forms the principal p
• § 1026 — That part is to be deemed the principal to which the other has been united only for the use, ornament, or completion of the former, unless the latter is the more valuable, and has been united without
• § 1027 — If neither part can be considered the principal, within the rule prescribed by the last section, the more valuable, or, if the values are nearly equal, the more considerable in bulk, is to be deemed t
• § 1028 — If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship, unless the value of the workmanship exceeds the value of the mater
• § 1029 — Where one has made use of materials which in part belong to him and in part to another, in order to form a thing of a new description, without having destroyed any of the materials, but in such a way
• § 1030 — When a thing has been formed by the admixture of several materials of different owners, and neither can be considered the principal substance, an owner without whose consent the admixture was made may
• § 1031 — The foregoing sections of this Article are not applicable to cases in which one willfully uses the materials of another without his consent; but, in such cases, the product belongs to the owner of the
• § 1032 — In all cases where one whose material has been used without his knowledge, in order to form a product of a different description, can claim an interest in such product, he has an option to demand eith
• § 1033 — One who wrongfully employs materials belonging to another is liable to him in damages, as well as under the foregoing provisions of this Chapter.
• § 1039 — Transfer is an act of the parties, or of the law, by which the title to property is conveyed from one living person to another.
• § 1040 — 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.
• § 1044 — Property of any kind may be transferred, except as otherwise provided by this Article.
• § 1045 — A mere possibility, not coupled with an interest, cannot be transferred.
• § 1046 — A right of reëntry, or of repossession for breach of condition subsequent, can be transferred.
• § 1047 — Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession.
• § 1052 — A transfer may be made without writing, in every case in which a writing is not expressly required by statute.
• § 1054 — A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor.
• § 1055 — A grant duly executed is presumed to have been delivered at its date.
• § 1056 — A grant cannot be delivered to the grantee conditionally.
• § 1057 — A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the depositary, it will take effect.
• § 1057.3 — (a) It shall be the obligation of a buyer and seller who enter into a contract to purchase and sell real property to ensure that all funds deposited into an escrow account are returned to the person w
• § 1057.5 — Except for the normal compensation of his own employees, no person acting as an escrow agent whether required to be licensed as such or not, shall pay over to any other person any commission, fee, or
• § 1057.6 — In an escrow transaction for the purchase or simultaneous exchange of real property, where a policy of title insurance will not be issued to the buyer or to the parties to the exchange, the following
• § 1057.7 — All written escrow instructions executed by a buyer or seller, whether prepared by a person subject to Division 6 (commencing with Section 17000) of the Financial Code, or by a person exempt from that
• § 1058 — Redelivering a grant of real property to the grantor, or canceling it, does not operate to retransfer the title.
• § 1058.5 — (a) A notice of nonacceptance of a recorded deed executed by a holder of a security interest, which notice identifies the security interest, contains a legal description of the property, properly iden
• § 1059 — Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered in the following cases: 1.
• § 1066 — Grants are to be interpreted in like manner with contracts in general, except so far as is otherwise provided in this Article.
• § 1067 — A clear and distinct limitation in a grant is not controlled by other words less clear and distinct.
• § 1068 — If the operative words of a grant are doubtful, recourse may be had to its recitals to assist the construction.
• § 1069 — A grant is to be interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a public officer or body, as such, to a private party, is to be interpreted in favor of
• § 1070 — If several parts of a grant are absolutely irreconcilable, the former part prevails.
• § 1072 — Words of inheritance or succession are not requisite to transfer a fee in real property.
• § 1084 — The transfer of a thing transfers also all its incidents, unless expressly excepted; but the transfer of an incident to a thing does not transfer the thing itself.
• § 1085 — A present interest, and the benefit of a condition or covenant respecting property, may be taken by any natural person under a grant, although not named a party thereto.
• § 1086 — (a) For purposes of this article, the definitions contained in Chapter 1 (commencing with Section 10000) of Part 1 of Division 4 of the Business and Professions Code apply.
• § 1087 — A multiple listing service (MLS) is a facility of cooperation of agents and appraisers, operating through an intermediary that does not itself act as an agent or appraiser, through which agents establ
• § 1088 — (a) A listing may not be placed in a multiple listing service unless authorized or directed by the seller in the listing.
• § 1089 — The provisions of subdivision (d) of Section 1102.
• § 1089.5 — Subject to the limitations, conditions, and requirements of Chapter 18 (commencing with Section 10000) of Part 5 of Division 7 of the Probate Code, this article applies to property defined in Section
• § 1090.5 — (a) No person with an interest in a real estate transaction involving a valuation shall improperly influence or attempt to improperly influence the development, reporting, result, or review of that va
• § 1091 — An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disp
• § 1092 — A grant of an estate in real property may be made in substance as follows: “I, A B, grant to C D all that real property situated in (insert name of county) County, State of California, bounded (or des
• § 1093 — Absent the express written statement of the grantor contained therein, the consolidation of separate and distinct legal descriptions of real property contained in one or more deeds, mortgages, patents
• § 1095 — When an attorney in fact executes an instrument transferring an estate in real property, he must subscribe the name of his principal to it, and his own name as attorney in fact.
• § 1096 — Any person in whom the title of real estate is vested, who shall afterwards, from any cause, have his or her name changed, must, in any conveyance of said real estate so held, set forth the name in wh
• § 1097 — No vendor or lessor of a single family residential property shall contract for or exact any fee in excess of ten dollars ($10) for the act of signing and delivering a document in connection with the t
• § 1098 — (a) A “transfer fee” is any fee payment requirement imposed within a covenant, restriction, or condition contained in any deed, contract, security instrument, or other document affecting the transfer
• § 1098.5 — (a) For transfer fees, as defined in Section 1098, imposed prior to January 1, 2008, the receiver of the fee, as a condition of payment of the fee on or after January 1, 2009, shall record, on or befo
• § 1098.6 — (a) (1) On or after January 1, 2019, a transfer fee shall not be created.
• § 1099 — (a) As soon as practical before transfer of title of any real property or the execution of a real property sales contract as defined in Section 2985, the transferor, fee owner, or his or her agent, sh
• § 11 — Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, it may be performe
• § 1101.1 — The Legislature finds and declares all of the following: (a) Adequate water supply reliability for all uses is essential to the future economic and environmental health of California.
• § 1101.2 — Except as provided in Section 1101.
• § 1101.3 — For the purposes of this article: (a) “Commercial real property” means any real property that is improved with, or consisting of, a building that is intended for commercial use, including hotels and m
• § 1101.4 — (a) For all building alterations or improvements to single-family residential real property, as a condition for issuance of a certificate of final completion and occupancy or final permit approval by
• § 1101.5 — (a) On or before January 1, 2019, all noncompliant plumbing fixtures in any multifamily residential real property and in any commercial real property shall be replaced with water-conserving plumbing f
• § 1101.6 — The duty of an owner or building permit applicant to comply with the requirements of this article shall be postponed for one year from the date of issuance of a demolition permit for the building.
• § 1101.7 — This article shall not apply to any of the following: (a) Registered historical sites.
• § 1101.8 — A city, county, or city and county, or a retail water supplier may do either of the following: (a) Enact local ordinances or establish policies that promote compliance with this article.
• § 1101.9 — Any city, county, or city and county that has adopted an ordinance requiring retrofit of noncompliant plumbing fixtures prior to July 1, 2009, shall be exempt from the requirements of this article so
• § 1102 — (a) Except as provided in Section 1102.
• § 1102.1 — (a) In enacting Chapter 817 of the Statutes of 1994, it was the intent of the Legislature to clarify and facilitate the use of the real estate disclosure statement, as specified in Section 1102.
• § 1102.10 — Delivery of disclosures required by this article shall be by personal delivery to the tranferee or by mail to the prospective transferee.
• § 1102.11 — Any person or entity, other than a real estate licensee licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, acting in the capacity of an esc
• § 1102.12 — (a) If more than one licensed real estate broker is acting as an agent in a transaction subject to this article, the broker who has obtained the offer made by the transferee shall, except as otherwise
• § 1102.13 — No transfer subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article.
• § 1102.15 — The seller of residential real property subject to this article who has actual knowledge of any former federal or state ordnance locations within the neighborhood area shall give written notice of tha
• § 1102.155 — (a) (1) The seller of single-family residential real property subject to this article shall disclose, in writing, that Section 1101.
• § 1102.156 — On or after January 1, 2025, in addition to any other disclosure required pursuant to this article, a seller of any real property who received domestic water storage tank assistance pursuant to Sectio
• § 1102.16 — The disclosure of the existence of any window security bars and any safety release mechanism on those window security bars shall be made pursuant to Section 1102.
• § 1102.17 — The seller of residential real property subject to this article who has actual knowledge that the property is adjacent to, or zoned to allow, an industrial use described in Section 731a of the Code of
• § 1102.18 — The provisions of subdivision (d) of Section 1102.
• § 1102.19 — (a) On and after July 1, 2021, a seller of a real property subject to this article that is located in a high or very high fire hazard severity zone, as identified by the Director of Forestry and Fire
• § 1102.2 — This article does not apply to the following: (a) Sales or transfers that are required to be preceded by the furnishing to a prospective buyer of a copy of a public report pursuant to Section 11018.
• § 1102.3 — The seller of any single-family real property subject to this article shall deliver to the prospective buyer the completed written statement required by this article, as follows: (a) In the case of a
• § 1102.3a — (a) The transferor of any manufactured home or mobilehome subject to this article shall deliver to the prospective transferee the written statement required by this article, as follows: (1) In the cas
• § 1102.4 — (a) Neither the seller nor any seller’s agent or buyer’s agent shall be liable for any error, inaccuracy, or omission of any information delivered pursuant to this article if the error, inaccuracy, or
• § 1102.5 — (a) If information disclosed in accordance with this article is subsequently rendered inaccurate as a result of any act, occurrence, or agreement subsequent to the delivery of the required disclosures
• § 1102.6 — (a) The disclosures required by this article pertaining to the property proposed to be transferred are set forth in, and shall be made on a copy of, the following disclosure form: * * * * * * * * * *
• § 1102.6a — (a) On and after July 1, 1990, any city or county may elect to require disclosures on the form set forth in subdivision (b) in addition to those disclosures required by Section 1102.
• § 1102.6b — (a) This section applies to all sales of real property for which all of the following apply: (1) The sale is subject to this article.
• § 1102.6c — (a) In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of the seller of any real property subject to this article, or his or her agent, to deliv
• § 1102.6d — Except for manufactured homes and mobilehomes located in a common interest development governed by Part 5 (commencing with Section 4000) of Division 4, the disclosures applicable to the resale of a ma
• § 1102.6e — If a property being transferred on or after January 1, 2008, is subject to a transfer fee, as defined in Section 1098, the transferor shall provide, at the same time as the transfer disclosure stateme
• § 1102.6f — (a) On or after January 1, 2021, in addition to any other disclosure required pursuant to this article, the seller of any real property subject to this article that is located in a high or very high f
• § 1102.6g — (a) After July 1, 2022, every contract for the sale of real property shall contain, in no less than 8-point type, the following notice: “Any appraisal of the property is required to be unbiased, objec
• § 1102.6h — (a) A seller of a single-family residential property who accepts an offer for the sale of the single-family residential property within 18 months from the date that title for the single-family residen
• § 1102.6i — (a) Except as provided in subdivision (b), on or after January 1, 2026, in addition to any other disclosure required pursuant to this article, the seller of any real property subject to this article,
• § 1102.6j — On or after January 1, 2026, the seller of a single-family residential property subject to this article shall disclose, in writing, the existence of any state or local requirements or restrictions rel
• § 1102.6k — (a) In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of a seller of a single-family residential property subject to this article who has actua
• § 1102.7 — Each disclosure required by this article and each act which may be performed in making the disclosure, shall be made in good faith.
• § 1102.8 — The specification of items for disclosure in this article does not limit or abridge any obligation for disclosure created by any other provision of law or which may exist in order to avoid fraud, misr
• § 1102.9 — Any disclosure made pursuant to this article may be amended in writing by the seller or his or her agent, but the amendment shall be subject to Section 1102.
• § 1103 — (a) For purpose of this article, the definitions in Chapter 1 (commencing with Section 10000) of Part 1 of Division 4 of the Business and Professions Code shall apply.
• § 1103.1 — (a) This article does not apply to the following sales: (1) Sales or transfers pursuant to court order, including, but not limited to, sales ordered by a probate court in administration of an estate,
• § 1103.10 — Delivery of disclosures required by this article shall be by personal delivery to the transferee or by mail to the prospective transferee.
• § 1103.11 — Any person or entity, other than a real estate licensee licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code, acting in the capacity of an esc
• § 1103.12 — (a) If more than one licensed real estate broker is acting as an agent in a transaction subject to this article, the broker who has obtained the offer made by the transferee shall, except as otherwise
• § 1103.13 — No transfer subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article.
• § 1103.15 — The provisions of subdivision (d) of Section 1102.
• § 1103.2 — (a) The disclosures required by this article are set forth in, and shall be made on a copy of, the following Natural Hazard Disclosure Statement: NATURAL HAZARD DISCLOSURE STATEMENT This statement app
• § 1103.20 — This article shall be known, and may be cited, as the Buyer’s Choice Act.
• § 1103.21 — (a) The Legislature finds and declares: (1) Sales of foreclosed properties have become a dominant portion of homes on the resale real estate market.
• § 1103.22 — (a) A seller of residential real property improved by four or fewer dwelling units shall not require directly or indirectly, as a condition of selling the property, that title insurance covering the p
• § 1103.3 — (a) The seller of any real property subject to this article shall deliver to the prospective buyer the written statement required by this article, as follows: (1) In the case of a sale, as soon as pra
• § 1103.4 — (a) Neither the seller nor any seller’s agent or buyer’s agent shall be liable for any error, inaccuracy, or omission of any information delivered pursuant to this article if the error, inaccuracy, or
• § 1103.5 — (a) After a seller and his or her agent comply with Section 1103.
• § 1103.7 — Each disclosure required by this article and each act that may be performed in making the disclosure shall be made in good faith.
• § 1103.8 — (a) The specification of items for disclosure in this article does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, m
• § 1103.9 — Any disclosure made pursuant to this article may be amended in writing by the seller or the seller’s agent, but the amendment shall be subject to Section 1103.
• § 1104 — A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose estate is transferred in the same manner and
• § 1105 — A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was intended.
• § 1106 — Where a person purports by proper instrument to grant real property in fee simple, and subsequently acquires any title, or claim of title thereto, the same passes by operation of law to the grantee, o
• § 1107 — Every grant of an estate in real property is conclusive against the grantor, also against every one subsequently claiming under him, except a purchaser or incumbrancer who in good faith and for a valu
• § 1108 — A grant made by the owner of an estate for life or years, purporting to transfer a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee a
• § 1109 — Where a grant is made upon condition subsequent, and is subsequently defeated by the non-performance of the condition, the person otherwise entitled to hold under the grant must reconvey the property
• § 1111 — Grants of rents or of reversions or of remainders are good and effectual without attornments of the tenants; but no tenant who, before notice of the grant, shall have paid rent to the grantor, must su
• § 1113 — From the use of the word “grant” in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on the part of the grantor for himself and
• § 1115 — Lineal and collateral warrantees, with all their incidents, are abolished; but the heirs and devisees of every person who has made any covenant or agreement in reference to the title of, in, or to any
• § 1133 — (a) If a lot, parcel, or unit of a subdivision is subject to a blanket encumbrance, as defined in Section 11013 of the Business and Professions Code, but is exempt from a requirement of compliance wit
• § 1134 — (a) As soon as practicable before transfer of title for the first sale of a unit in a residential condominium, community apartment project, or stock cooperative which was converted from an existing dw
• § 1135 — An interest in a ship can be transferred only by operation of law, or by written instrument, subscribed by the person making the transfer, or by his agent.
• § 1140 — (a) For purposes of this section: (1) The term “customer” means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, or form.
• § 1146 — A gift is a transfer of personal property, made voluntarily, and without consideration.
• § 1147 — A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thin
• § 1148 — A gift, other than a gift in view of impending death, cannot be revoked by the giver.
• § 1169 — Instruments entitled to be recorded must be recorded by the County Recorder of the county in which the real property affected thereby is situated.
• § 1171 — Grants, absolute in terms, are to be recorded in one set of books, and mortgages in another.
• § 1172 — The duties of county recorders, in respect to recording instruments, are prescribed by the Government Code.
• § 1173 — The mode of recording transfers of ships registered under the laws of the United States is regulated by Acts of Congress.
• § 1180 — The proof or acknowledgment of an instrument may be made at any place within this state before a justice, retired justice, or Clerk/Executive Officer of the Supreme Court, a justice, retired justice,
• § 1181 — The proof or acknowledgment of an instrument may be made before a notary public at any place within this state, or within the county or city and county in this state in which the officer specified bel
• § 1181.1 — (a) Section 1181 shall not be construed to authorize any person, other than a notary public authorized by the Secretary of State to perform online notarizations pursuant to Article 2 (commencing with
• § 1182 — The proof or acknowledgment of an instrument may be taken without this state, but within the United States, and within the jurisdiction of the officer, by any of the following: (a) A justice, judge, o
• § 1183 — (a) The proof or acknowledgment of an instrument may be taken without the United States, by any of the following: (1) A minister, commissioner, or chargè d’affaires of the United States, resident and