The gross disparity from the perspective of the subjetive theory of value

• Grant number: 14/13261-0
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: November 01, 2015
• End date: October 31, 2016
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Ana Carla Bliacheriene
• Grantee: Lucas Kenji Doi
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The law and the economics have very strong connections between them. The law try to construct a fair and solid society, many times recourse to the economic theory to justify the way to achieve these goals. The economics considers the law as a source of incentives in human behavior, which is object of study of economics. Although the relation between these science, lawyers and economists not always try to understand the theory and rules basis of the theory utilized: They only do a superficial analysis searching for what is convenient. This lack of deepening generates the problems of misapplication. The present research project aims to relation the study of law and economics. The economic base will be the subjective theory of value, which explains that the goods are not valued objectively, but subjectively. In other words, there are personal injunctions in the evaluation of the terms of exchanges and prices, and not only market factors and social behavior standardization. The law category to be worked will be the gross disparity, which occurs when there are inexperience or urgency needs of the buyer and unbalanced between supply and consideration. The work will analyze the mentioned theory base, definition and applications at all the time with the purpose of understand the cited law category. It also will be needed to observe if there is or not compatibility between the theories. From the economic theory, it is pretended to analyze the gross disparity effects in society in short and long term as well as its economic basis.