Indemnity in the context of "Financial compensation"

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⭐ Core Definition: Indemnity

In contract law, an indemnity is a contractual obligation of one party (the indemnitor) to compensate the loss incurred by another party (the indemnitee) due to the relevant acts of the indemnitor or any other party. The duty to indemnify is usually, but not always, coextensive with the contractual duty to "hold harmless" or "save harmless". In contrast, a "guarantee" is an obligation of one party (the guarantor) to another party to perform the promise of a relevant other party if that other party defaults.

Indemnities form the basis of many insurance contracts; for example, a car owner may purchase different kinds of insurance as an indemnity for various kinds of loss arising from operation of the car, such as damage to the car itself, or medical expenses following an accident. In an agency context, a principal may be obligated to indemnify their agent for liabilities incurred while carrying out responsibilities under the relationship. While the events giving rise to an indemnity may be specified by contract, the actions that must be taken to compensate the injured party are largely unpredictable, and the maximum compensation is often expressly limited.

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Indemnity in the context of Treaty of Shimonoseki

The Treaty of Shimonoseki (Japanese: 下関条約, Hepburn: Shimonoseki Jōyaku), also known as the Treaty of Maguan in China or the Treaty of Bakan (馬關條約, Bakan Jōyaku) in Japan, was signed in Shimonoseki, Japan, on April 17, 1895, between the Empire of Japan and the Qing dynasty. The treaty ended the First Sino-Japanese War, in which the Japanese decisively defeated the Chinese land and naval forces. The treaty was signed at the Shunpanrō [ja] hotel by Count Itō Hirobumi and Viscount Mutsu Munemitsu for Japan and Li Hongzhang and his son Li Jingfang on behalf of China.

The peace conference took place from March 20 to April 17, 1895, and the treaty followed and superseded the Sino-Japanese Friendship and Trade Treaty of 1871. It consisted of 11 articles which provided for the termination of China's tributary relations with Korea; required that China pay an indemnity of 200 million taels and cede Taiwan (Formosa), the Penghu (Pescadores) Islands, and the Liaodong Peninsula to Japan; and opened four cities (Shashi, Chongqing, Suzhou, and Hangzhou) to Japan as trading ports. However, due to the diplomatic Triple Intervention of Russia, Germany, and France just one week after the treaty was signed, the Japanese withdrew their claim to the Liaodong Peninsula in return for an additional war indemnity of 30 million taels from China.

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Indemnity in the context of Jin–Song wars

The Jin–Song Wars were a series of conflicts between the Jurchen-led Jin dynasty (1115–1234) and the Han-led Song dynasty (960–1279). In 1115, Jurchen tribes rebelled against their overlords, the Khitan-led Liao dynasty (916–1125), and declared the formation of the Jin. Allying with the Song against their common enemy the Liao dynasty, the Jin promised to cede to the Song the Sixteen Prefectures that had fallen under Liao control since 938. The Song agreed but the Jin's quick defeat of the Liao combined with Song military failures made the Jin reluctant to cede territory. After a series of negotiations that embittered both sides, the Jurchens attacked the Song in 1125, dispatching one army to Taiyuan and the other to Bianjing (modern Kaifeng), the Song capital.

Surprised by news of an invasion, Song general Tong Guan retreated from Taiyuan, which was besieged and later captured. As the second Jin army approached the capital, Song emperor Huizong abdicated and fled south. Qinzong, his eldest son, was enthroned. The Jin dynasty laid siege to Kaifeng in 1126, but Qinzong negotiated their retreat from the capital by agreeing to a large annual indemnity. Qinzong reneged on the deal and ordered Song forces to defend the prefectures instead of fortifying the capital. The Jin resumed war and again besieged Kaifeng in 1127. They captured Qinzong, many members of the imperial family and high officials of the Song imperial court in an event known as the Jingkang Incident. This separated north and south China between Jin and Song. Remnants of the Song imperial family retreated to southern China and, after brief stays in several temporary capitals, eventually relocated to Lin'an (modern Hangzhou). The retreat divided the dynasty into two distinct periods, Northern Song and Southern Song.

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Indemnity in the context of Haiti Independence Debt

The Haitian independence debt (French: Dette d'Indépendance Haïtienne) involves an 1825 agreement between Haiti and France that included France demanding an indemnity of 150 million francs in five annual payments of 30 million to be paid by Haiti in claims over property, not including Haitian slaves, that was lost through the Haitian Revolution in return for diplomatic recognition. Haiti was forced to take a loan for the first 30 million, and in 1838 France agreed to reduce the remaining debt to 60 million to be paid over 30 years, with the final payment paid in 1883. However, according to a 2022 The New York Times analysis, because of other loans taken to pay off this loan, the final payment to debtors was actually made in 1947. They approximated that 112 million francs was actually paid in indemnity, which is equivalent to $560 million in 2022 after adjusting for inflation.

Restoration France's demand of payments in exchange for recognizing Haiti's independence was delivered to the country by several French warships in 1825, twenty-one years after Haiti's declaration of independence in 1804. Despite several revolutions in France after that date (July Revolution, French Revolution of 1848, Paris Commune), successive governments, be they imperial, monarchist or republican, continued enforcing the debt and coercing Haiti to pay. Haiti had to take a loan in 1875 to pay back the final portion of the original loan, and the bank that benefited most from this was Crédit Industriel et Commercial. Even after the indemnity was paid, Haiti had to continue paying the other loans, and the government of the United States funded the acquisition of Haiti's treasury in 1911, and in 1922, the rest of Haiti's debt was moved to be paid to American investors.

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Indemnity in the context of Financial law

Financial law is the law and regulation of the commercial banking, capital markets, insurance, derivatives and investment management sectors. Understanding financial law is crucial to appreciating the creation and formation of banking and financial regulation, as well as the legal framework for finance generally. Financial law forms a substantial portion of commercial law, and notably a substantial proportion of the global economy, and legal billables are dependent on sound and clear legal policy pertaining to financial transactions. Therefore financial law as the law for financial industries involves public and private law matters. Understanding the legal implications of transactions and structures such as an indemnity, or overdraft is crucial to appreciating their effect in financial transactions. This is the core of financial law. Thus, financial law draws a narrower distinction than commercial or corporate law by focusing primarily on financial transactions, the financial market, and its participants; for example, the sale of goods may be part of commercial law but is not financial law. Financial law may be understood as being formed of three overarching methods, or pillars of law formation and categorised into five transaction silos which form the various financial positions prevalent in finance.

Financial regulation can be distinguished from financial law in that regulation sets out the guidelines, framework and participatory rules of the financial markets, their stability and protection of consumers, whereas financial law describes the law pertaining to all aspects of finance, including the law which controls party behaviour in which financial regulation forms an aspect of that law.

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