Indemnitatea

Indemnitatea (indemnity) is a legal obligation to compensate another party for losses or damages arising from an event, contract, or risk. Its purpose is to restore the injured party financially to the position they would have occupied if the loss had not occurred. Indemnities can arise from contractual arrangements, statutory duties, or insurance arrangements, and are distinct from penalties or punitive damages.

Types and scope: A contractual indemnity typically shifts risk between parties through an indemnity clause, covering third‑party claims, defense costs, and specified damages up to a stated limit. The scope can be broad, spanning all losses linked to a defined risk, or narrow, targeting particular claims. Legal or statutory indemnities arise independently of contract, for example in certain employer, product liability, or professional liability contexts. Insurance indemnity is provided by insurers, paying covered claims to the insured or directly to third parties, subject to policy terms, conditions, and limits.

Principles and limits: The indemnified party usually has a duty to mitigate losses. The indemnitor’s liability is limited to the agreed scope and any caps or exclusions specified in the agreement, which may exclude intentional misconduct, fraud, or regulatory fines. Subrogation may allow the indemnitor to pursue reimbursement from responsible third parties after payment is made.

Notes: The exact meaning and extent of indemnity vary by jurisdiction and contract. The indemnity clause is a key instrument in risk management, shaping how losses are allocated and borne.