Flashcards Studio

(a)Identify the doctrine of Presumption of Existence in the context of capacity to act and explain its scope within Civil Law. (b)Distinguish Presumption of Existence from related presumptions (such as presumption of regularity and presumption of validity) and indicate who bears the burden of proof when existence is challenged. (c)Facts: In a land sale in a northern city, a deed of sale of a parcel of urban land is executed by a party named "Ignacia Cabral" and is notarized before a public notary. There is no birth certificate for Ignacia, no government-issued identification in that name, and no civil registry entry under that name. Ignacia’s siblings allege that Ignacia does not exist. The purchaser, "Marinette Flores," seeks to register the title in her name based on the deed. Apply the Presumption of Existence to determine (i) whether the presumption attaches to Ignacia’s signature, (ii) who bears the burden of proving existence, and (iii) if Ignacia does not exist, what is the consequence for the validity of the deed and for Marinette’s title.