(a) The effect of this title may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment.
§ 676.3.Agreement Varying Effect of Title; Agreement As to Money Used In Transaction
Title 8.5. Uniform Foreign-Money Claims Act · Enacted 1991 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 676.3 lets parties vary the Act's effects by agreement made before or after the action or judgment, and lets them agree on which money governs a transaction, including using different currencies for different aspects of the same deal without one currency choice controlling the rest.
Full Text of § 676.3
(b) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign- money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for other aspects of the transaction.
Plain-English Summary
The Uniform Foreign-Money Claims Act sets default rules, and this section confirms parties can contract around them. That agreement can come before a dispute ever arises, after an action or distribution proceeding has already started, or even after judgment has been entered.
Subdivision (b) applies that flexibility specifically to which currency governs a transaction. Parties can agree on the money to be used, and they can use different moneys for different pieces of the same transaction. Stating a price in a foreign currency for one part of a deal doesn't automatically pull every other part of that deal into the same currency.
Frequently Asked Questions
Can parties opt out of this Act's default rules?
Yes, by agreement made before or after the action, distribution proceeding, or judgment.
Can a contract use different currencies for different parts of the same transaction?
Yes, and pricing one part in a foreign currency doesn't force the rest of the transaction into that same currency.
Amendment History
Added by Stats. 1991, Ch. 932, Sec. 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: agreement varying foreign money claims act