1971-1974

CODE OF CIVIL PROCEDURE
SECTION 1971-1974




1971.  No estate or interest in real property, other than for leases
for a term not exceeding one year, nor any power over or concerning
it, or in any manner relating thereto, can be created, granted,
assigned, surrendered, or declared, otherwise than by operation of
law, or a conveyance or other instrument in writing, subscribed by
the party creating, granting, assigning, surrendering, or declaring
the same, or by the party's lawful agent thereunto authorized by
writing.


1972.  (a) Section 1971 shall not be construed to abridge the power
of any court to compel the specific performance of an agreement, in
case of part performance thereof.
   (b) Section 1971 does not affect the creation of a trust under
Division 9 (commencing with Section 15000) of the Probate Code nor
prevent any trust from arising or being extinguished by implication
or operation of law.


1974.  No evidence is admissible to charge a person upon a
representation as to the credit of a third person, unless such
representation, or some memorandum thereof, be in writing, and either
subscribed by or in the handwriting of the party to be charged. This
section is a Statute of Frauds provision and is to be applied in a
manner that is consistent with the manner in which subdivision 2 of
Section 1624 of the Civil Code is applied.