indemnity

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indemnity

1. legal exemption from penalties or liabilities incurred through one's acts or defaults
2. (in Canada) the salary paid to a member of Parliament or of a legislature
3. act of indemnity an act of Parliament granting exemption to public officers from technical penalties that they may have been compelled to incur
Collins Discovery Encyclopedia, 1st edition © HarperCollins Publishers 2005
The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.

Indemnity

 

(1) money that the conquered state pays to the conqueror under the conditions of a peace treaty; (2) compulsory cash requisitions levied by the enemy troops on the population of an occupied territory.

Historically, both types of indemnity originated from military plunder, the earliest form of which was the appropriation of military spoils characteristic of the wars of the slaveholding and feudal eras. Another widespread form of military plunder was the payment of a tribute that, from the legal point of view, was a sign of submission and consisted of the obligation of the conquered

Table 1. World and all-Union speed skating records
Distance (m)First world recordWorld record1USSR record1
1As of Feb. 5, 1973
Men
500 .....50.8 sec (1891)38.02 sec38.5 sec
1,000 .....1 min 38.0 sec (1899)1 min 17.5 sec1 min 19.2 sec
1,500 .....2 mln 35.0 sec (1893)1 min 58.7 sec1 min 59.5 sec
3,000 .....5 min 19.2 sec (1933)4 min 08.3 sec4 min 08.2 sec
5,000 .....9 min 19.8 sec (1890)7 min 09.8 sec7 min 28.26 sec
10,000 .....20 min 21.4 sec (1893)14 min 55.9 sec15 min 13.4 sec
Overall . .188.958 points (1949)168.248 points171.997 points
Women
500 .....1 min 02.0 sec (1931)41.8 sec42.6 sec
1,000 .....2 min 16.4 sec (1939)1 min 27.3 sec1 min 27.7 sec
1,500 .....3 min 28.0 sec (1929)2 min 15.8 sec2 min 16.09 sec
3,000 .....6 min 52.8 sec (1931)4 min 46.5 sec4 min 47.2 sec
5,000 .....11 min 30.5 sec (1931)9 min 01.6 sec9 min 01.6 sec
Overall . .207.484 points (1956)182.817 points183.032 points

state to pay money or deliver goods to the conqueror over a certain period of time. From the end of the 18th century the indemnity, as a general obligation of the conquered to the conqueror to pay a certain amount of money, was an invariable condition of peace treaties. The sum to be paid was in addition to the collections from the population during the war. The indemnity was considered as one of the unconditional “rights” that resulted from the victory. A characteristic of modern history is the establishment of a connection between the indemnity and the military expenditures of the conqueror; the indemnity was levied to cover these expenses. Sometimes the damages suffered by the civilian population from destruction, military requisitions, and the like were included in military expenditures.

From the first days of its existence, the Soviet state opposed the indemnity as a form of plunder of conquered nations and proposed to all participants of the World War I that they sign a peace treaty without annexations and indemnities. This requirement was consolidated in the Decree on Peace, which announced the new principles of the foreign policy of the socialist state.

Under the pressure of public opinion and as a result of statements of the Soviet diplomats denouncing the predatory essence of the indemnities, the Entente powers, in working out conditions of the Versailles Treaty of 1919, were forced to renounce indemnities. However, the renunciation was purely formal, the indemnities being replaced with reparations.

An appendix to the fourth Hague Convention of 1907, On Laws and Customs of Land Warfare, proclaimed that “private property is not subject to confiscation” (art. 46) and that “plunder is unconditionally prohibited” (art. 47); at the same time it permits indemnities levied in the course of the war in the form of imposition of collections established for the benefit of the state, including taxes, fees, and charges, as well as collections necessary to meet the needs of the army or the administration of the occupied area.

After World War II, owing to the firm position of the USSR, the peace treaties of 1947 consistently followed the principle of barring indemnities.

The Geneva Convention of 1949, drafted with due consideration of the experience of World War II on the protection of the civil population during the war, prohibits the levying of any indemnity.

V. I. MENZHINSKII

The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
The Court stated that where the parties intend that the indemnitee be indemnified for its sole negligence, such intent must be "clearly and unequivocally indicated." The Court found that the language before it did not contain such a clear and unequivocal intention, noting that the indemnity clause required the contractor to indemnify the government only to the extent of the contractor's negligence.
Consequently, indemnity clauses have become a ubiquitous feature in modern offshore oil and gas contracts.
THE ENGLAND AND WALES COURT OF APPEAL'S LORD JUSTICE RICHARD McCombe addressed several specific examples of behavior that, in the court's judgment, Andy Coulson's indemnity clause would or would not cover.
* Once a claim arises, the insurer should determine whether an indemnity clause exists and what rights and obligations the agreement gives to the insured.
Indemnity clauses are fully enforceable in Arkansas as long as they use specific language that fully sets forth the circumstances under which they will apply.
(36) In particular, banks have inserted new indemnity clauses in their bank-customer contracts so as to provide protection from claims that their customers have violated foreign AML or sanctions laws.
The Colorado Court of Appeals exercised its equitable powers, in the absence of an indemnity clause, to enforce the provisions of a separation agreement in order to preserve a former spouse's financial interests.
Further, the parties to a contract should be free to allocate the risks arising out of a construction project as they see fit and there is nothing wrong with an individual agreeing to be responsible for the property damage or personal injury that another person causes if the indemnitor willingly subscribes his name to such an indemnity clause.
Finally, the manager should ensure that its management agreement includes an indemnity clause that requires the association to pay the manager's attorneys' fees and expenses.
The engagement letter should include an indemnity clause to reimburse the CPA for defending the client's rights under the Confidentiality Privilege.
One of the biggest surprises was the indemnity clause. I had never understood these provisions when I tried to read them, but I did not imagine that a company might write one in such a way as to harm me later.
1) Indemnity Clause. a) The manufacturer could indemnify retailers for product liability.