Home/California/Statutes/Code CIV: Civil Code - CIV/Div. 1.: DIVISION 1. PERSONS/Part 1.: PART 1. PERSONS WITH UNSOUND MIND/§ 39.
California Statutes

§ 39. — 39. (Amended by Stats. 1995, Ch. 842, Sec. 1.)

California § 39.
JurisdictionCalifornia
Code CIVCivil Code - CIV
Div. 1.DIVISION 1. PERSONS
Part 1.PART 1. PERSONS WITH UNSOUND MIND

This text of California § 39. (39. (Amended by Stats. 1995, Ch. 842, Sec. 1.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cal. Civil Code - CIV Code § 39. (2026).

Text

(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.

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Legislative History

Amended by Stats. 1995, Ch. 842, Sec. 1. Effective January 1, 1996.
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California § 39., Counsel Stack Legal Research, https://law.counselstack.com/statute/ca/CIV/39..