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California Civil Code Section 39

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 39

(a) A conveyance or other contract of a person of unsound mind,
but not entirely without understanding, made before the incapacity
of the person has been judicially determined, is subject to
rescission, as provided in Chapter 2 (commencing with Section 1688)
of Title 5 of Part 2 of Division 3.
   (b) A rebuttable presumption affecting the burden of proof that a
person is of unsound mind shall exist for purposes of this section if
the person is substantially unable to manage his or her own
financial resources or resist fraud or undue influence.  Substantial
inability may not be proved solely by isolated incidents of
negligence or improvidence.

Last modified: January 12, 2009