Lucidum Intervallum

What is it about?

The concept of lucid interval is a relic of ius commune. In psychiatry, it is considered to be outworn for about 150 years. Consequently, the legislator abstained to incorporate it to the Civil Code. Thus, jurisprudence and science still treat it. In doing so, it missed that the dogmatic basic assumption of the lucid interval contradicts today´s state of knowledge. In its traditional design, the lucid interval is therefore not tenable anymore. Also, the transfer of this concept on new cases does not lead to valuable results. So, the lucid interval needs to be abolished.

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