On the need for compensation for losses in the institution of civil law relations

Borrowing from the English system of law in continental European compensation for loss of the Institute was not without criticism of many lawyers who referred to the domestic civil law regulation tools, without the prescription of such conditions in the contract and the introduction of the relevant article of the Civil Code of the Russian Federation [1] (hereinafter - Civil Code). On the one hand, indeed, there is no need to introduce this institution, as the basis of the principle of freedom of contract; the parties shall have the right to prescribe the conditions that do not contradict the Civil Code. However, as shown by the judicial practice, courts are not always loyal to the unusual manifestations of contractual freedom and complex contractual structures, not spelled out in the Civil Code.