Chapter 42 - Execution, Formalities and Interpretation of Writings
- 42.005 [1981 c.892 §79a; 1993 c.546 §96; repealed by 2001 c.104 §13]
- 42.010 Private writings.
All writings, other than public writings, are private and may be sealed or unsealed.
- 42.020 Execution of a writing.
The execution of a writing is the subscribing and delivering it, with or without affixing a seal.
- 42.030 Subscribing witness.
A subscribing witness is one who sees a writing executed, or hears it acknowledged, and at the request of the party thereupon signs one’s name...
- 42.040 Proof of attested writing other than a will.
Any attested writing other than a will may be proved in the same manner as though it had not been attested.
- 42.050 [Repealed by 1981 c.892 §98]
- 42.060 [Repealed by 1981 c.892 §98]
- 42.070 [Repealed by 1981 c.892 §98]
- 42.080 [Repealed by 1981 c.892 §98]
- 42.110 Seal defined.
A seal is a particular sign made to attest in the most formal manner the execution of an instrument.
- 42.115 Effect of presence or absence of seal.
The presence or absence of a seal, corporate or otherwise, shall have no effect upon the validity, enforceability or character of any written instrument except...
- 42.120 [Repealed by 1965 c.502 §6]
- 42.125 Seal of state officer or state agency authorized.
(1) For the purposes of ORS 40.510 (1)(a) and (d), each state officer and state agency may have a seal which, unless specifically provided otherwise...
- 42.130 [Repealed by 1965 c.502 §6]
- 42.140 [Repealed by 1965 c.502 §6]
- 42.150 [Repealed by 1965 c.502 §6]
- 42.160 [Repealed by 1965 c.502 §6]
- 42.210 Effect of the place of execution.
The language of a writing is to be interpreted according to the meaning it bears in the place of execution, unless the parties have reference...
- 42.220 Consideration of circumstances.
In construing an instrument, the circumstances under which it was made, including the situation of the subject and of the parties, may be shown so...
- 42.230 Office of judge in construing instruments.
In the construction of an instrument, the office of the judge is simply to ascertain and declare what is, in terms or in substance, contained...
- 42.240 Intention of the parties; general and particular provisions and intents.
In the construction of an instrument the intention of the parties is to be pursued if possible; and when a general and particular provision are...
- 42.250 Terms construed as generally accepted; evidence of other signification.
The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is admissible that they have a...
- 42.260 Ambiguous terms.
When the terms of an agreement have been intended in a different sense by the parties, that sense is to prevail, against either party, in...
- 42.270 Written words control printed form.
When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls.
- 42.280 Deciphering characters and translating languages.
When the characters in which an instrument is written are difficult to be deciphered, or the language is not understood by the court, evidence of...
- 42.290 Construction of notices.
A written notice is to be construed according to the ordinary acceptation of its terms. Thus, a notice to the drawers or indorsers of a...
- 42.300 Parties to written instrument not to deny facts recited therein.
Except for the recital of a consideration, the truth of the facts recited from the recital in a written instrument shall not be denied by...
