商业英语合同中Indemnity条款的含义和应用

商业英语合同中的Indemnity条款,一直是英语翻译、教学科研中的一个难点。这是因为Indemnity条款具有丰富的含义和多种用法。本文通过分析Indemnity的语义、含义以及在商务英语合同中的五种主要用法,并结合近期国外Indemnity条款适用原则的新发展,来探讨如何正确地理解和应用Indemnity条款。

Scheme of Weather-Based Indemnity Indices for Insuring Against Freeze Damage to Citrus Orchards in Zhejiang,China

We design a weather-based indemnity index for the insurance against freeze damage to citrus orchards so as to provide technological support for the development of policy-based agriculture. The indices are prepared by separating a relative meteorological yield from the yield that is dependent on tree age, high-yield and low-yield years, and environmental factors, and then using a risk assessment scheme to determine the percentage yield reduction due to the meteorological hazard. We thus develop a set of indices associated with cold temperature damage with which to construct more severe weather indices in conjunction with the yield percentage decrease. We then combine the insured regional citrus yield index with the insured meteorological counterpart to obtain a weather-based indemnity index for the varying degree of freeze damage to crops. When the freeze damage index （FDI） is greater than -7.0℃ for the coastal belt of Zhejiang Province, China, or greater than -9.0℃ for other regions of Zhejiang, weather-based indemnity index （WBII） is zero, meaning there is no compensation; when the FDI is from -7.0 to -7.9℃ for the coastal belt or from -9.0 to -9.9℃ for other regions, the WBII is 1 with 50% compensation; when the FDI is from -8.0 to -8.9℃ for the coastal belt or from -10.0 to -10.9℃ for other regions, the WBII is 2 with 70% compensation; and when the FDI is less than -9.0℃ for the coastal belt or less than -11.0℃ for other regions, the WBII is 3 with 90% compensation. The weather indemnity indices of insured orchards are developed in the interest of owners, thereby eliminating adverse selection and moral hazard issues and providing timely recompense from the insurer, and resolving the problem of high indemnity cost in agricultural insurance.

Risk-preparedness mechanism and audit quality:Evidence from mandatory increase of professional indemnity insurance and professional risk fund

We examine the risk-preparing benefits of Chinese audit firms’professional indemnity insurance(PII)and professional risk fund(PRF)by using the Notice on Adjusting the Application Requirement of Audit Firms for Securities Qualifications as an exogenous shock.This policy requires audit firms to raise the sum of the cumulative compensation limit of their PII and PRF from 6 million to 80million yuan.It is found,first,that the capital market regards this policy revision as a signal to strengthen investor protection and responds positively;client firms with high audit risks have a stronger response.Second,auditors’governance of financial information has strengthened,resulting in the significant improvement of their clients’financial reporting quality,with a stronger effect on firms with higher earnings management risk.There is no evidence that audit firms pass the costs on to their clients.Finally,the mismatch between auditors and new client firms is alleviated.We show that in an emerging market with weak investor protection,establishing a sound risk-preparedness mechanism for audit firms and strengthening the capacity for civil compensation ex post greatly improve the adaptive degree between international auditing standards and the legal environment of China,thereby enhancing the overall service quality of the audit market.

The Rights to Claim for Industrial Injury Compensation and Tort Compensation are Applicable to the Law:Taking Fu and Li v.a Passenger Transport Company as an Example

In the case of third-party tort,due to the lack of clear and detailed provisions on the treatment of employee’s industrial injury insurance payment and tort damage compensation,the judicial theory and practice have brought many disputes.Through combing the current relevant laws and regulations,it can be found that the application of the two systems will lead to the overlapping of industrial injury compensation.This paper analyzes the problems arising from the concurrence of industrial injury compensation and tort compensation using the case of Fu and Li v.a passenger transport company,and puts forward some ideas and suggestions on how to improve the settlement measures of such cases.

On the Letters of Indemnity in Carriage of Goods by Sea

This article considers the circumstances in which letters of indemnity(LOI) are usually provided and comments on the use of LOI in relation to the delivery of cargo without surrender of original bills of lading,changes of destination/deviation,the releasing of clean or wrongly dated bills of lading,the use of switch bills of lading and the commingling of cargoes.The article also comments on the circumstances in which the acceptance of LOI is obligatory and the circumstances in which they can be refused even if offered—an issue which is important given the risks which the acceptance of LOI often entails.Lastly,the article comments on various practical issues which should be borne in mind by those giving or accepting LOI.

Rural Indemnity

A pilot project that offers microinsurance policies to farmers provides a new means of financial security The China Insurance Regulatory Commission (CIRC)

浅谈国际公路工程承包中的索赔

浅谈国际公路工程承包中的索赔黄勇董占文（山西省交通建设工程监理总公司）（太旧高速公路管理局）（接本刊１９９７年第１期第５页）４索赔案例４．１某高速公路某合同承包商声称：在一座车行通道施工时，由于基坑底面位于地表以下３．５ｍ，地下水大量涌入基坑，采取大...