To a Question on Unfair Contract Terms

The article is devoted a question of a legal protection of the suffered creditor from excluding or restrictive reservations of commercial contracts on an example of the analysis of the English and Russian Law.
In the conditions of world financial crisis the commercial companies having the big financial possibilities, inevitably increase pressure upon less steady companies on purpose to achieve the maximum profit on separately taken transaction, including by entering into the contract of the positions excluding or limiting responsibility. Such situation, in the conditions of strong deficiency of liquid turnaround actives, negatively affects solvency and a financial condition of the companies. Reasonable commercial interest demands a legal protection.
The analysis of existing mechanisms of protection in the English and Russian law is carried out. Four ways of protection of the diligent creditor from unfair reservations of the commercial contract are subjected the detailed analysis, the principle of freedom of the contract and a rationality principle are correlated.