Some theoretical and practical aspects of the obvious disproportionality

Abstract

The aim of the study is to analyse some theoretical background and practical problems of obvious disproportionality. The author points out that there are different approaches to the concept of value in the economic and legal literature, which are also gaining ground in legal practice. In many cases, the determination of value for certain specific services is difficult to interpret, and other factors, including its recognisability, need to be taken into account in relation to the obvious disproportionality. Given the other grounds for invalidity known in private law (e.g. error, misrepresentation, usurious contract, etc.), the obvious disproportionality due to the above can only be used as an exceptional ground for invalidity and its raison d’être may be questioned.