Article 1328

‘’Contracts entered in to during a lucid interval are valid. Contracts agreed to in a state of drunkenness
or during a hypnotic spell are voidable’’

The voidable contracts referred to in this Article are those entered into by:

1. Insane or demented persons (unless they acted during lucid interval);

2. Those in the state of drunkenness (which temporarily results in complete loss of
understanding, and may therefore be equivalent to temporary insanity).
3. Those entered into during a hypnotic spell (induced by drugs, or by deliberate or
unintentional hypnotism) or while a person walks during his sleep,
somnambulism, for in these cases, a person is incapable of intelligent consent.

Contracts entered into during a lucid interval

Lucid interval is a temporary time of being rational. An agreement went into by a insane individual
during lucid interval is substantial. It must be appeared, nonetheless, that there is a full return of the
psyche to mental soundness as to empower him to comprehend the agreement he is entering.

Effect of drunkenness and hypnotic spell

Tipsiness and mesmerizing spell weaken the limit of an individual to perceive the consent

These conditions are identical to brief insanity. Thus, the law considers an agreement went into in a
condition of drunkenness, or during a hypnotic spell voidable and it is not needed that such state was
acquired by avoidance of the other party.