This case has been cited 1 times or more.
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2008-04-30 |
CHICO-NAZARIO, J. |
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| Capacity to act is supposed to attach to a person who has not previously been declared incapable, and such capacity is presumed to continue so long as the contrary be not proved; that is, that at the moment of his acting he was incapable, crazy, insane, or out of his mind.[23] The burden of proving incapacity to enter into contractual relations rests upon the person who alleges it; if no sufficient proof to this effect is presented, capacity will be presumed.[24] | |||||