Presumption of Capacity to Act

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1. How does Civil Code Article 37 define capacity to act?
2. In the ordinary contractual-capacity inquiry, who bears the burden of establishing the alleged incapacity?
3. Is the ordinary presumption of capacity to contract irrebuttable?
4. An elderly adult signs a contract. The challenger relies solely on advanced age, without proof that the person could no…
5. A competent adult’s political opinion is unpopular. A counterparty claims this opinion alone limits the adult’s capacit…
6. An adult sells property in 2022. In 2025 a court appoints a guardian after evidence of a condition then requiring prote…
7. An adult with a mobility impairment independently understands a proposed sale, asks informed questions and communicates…
8. Explain the presumption of capacity to contract and its effect on the burden of proof.
9. Why must evidence of a later incapacity be connected to the time of an earlier challenged transaction?
10. Distinguish juridical capacity from capacity to act and explain why physical disability alone should not be treated as …
11. What does1328 expressly provide for a contract entered during a lucid interval?
12. Article1328 describes contracts agreed in drunkenness or a hypnotic spell as what?