The action for nullity of a contract shall also be extinguished when the thing which is the object thereof should be lost by fraud or fault of the person having a right to bring the action.
If the cause of the action should be the incapacity of any of the contracting parties, the loss of the thing shall be no obstacle for the action to prevail, unless it has occurred by fraud or fault on the part of the plaintiff after having acquired capacity.
History —Civil Code, 1930, § 1266.