Duhaime's Law Dictionary


Proctor Definition:

The short form of the term procurator, one who acts for another.

Related Terms: Procurator, King's Proctor, Procuration, Proxy

A term known to the Roman law, civil law and the common law to essentially refer to an agent or even a lawyer.

Note, for example, the term used by the drafters of Quebec's Civil Code, up to 1992, to refer to what is in that jurisdiction, a power of atorney: a procuration. In French une procuration. That term was changed to mandate in the 1980 revision of the Civil Code although many still use the term procuration.

In Louisianna, which defers to civil law, this at 2987 of the Civil Code:

"A procuration is a unilateral juridical act by which a person, the principal, confers authority on another person, the representative, to represent the principal in legal relations.

"The procuration may be addressed to the representative or to a person with whom the representative is authorized to represent the principal in legal relations."

A proctor is a legal term rarely used now, with a single core legal concept of acting for another but with several derivatives at varying times, in use in the law. it has been used in ecclesiastic law to refer to an individual appointed by a church to represent that particular church in a larger body. . It has also been used to those persons who are authorized to represent others before it please he asked the and admiralty courts. A proctor, traditionally, is appointed by a document known as a proxy or even a procuracy.

"The proctor is somewhat similar to the attorney.

"The term (proxy) is used chiefly in the courts of civil, ecclesiastic and admiralty law."1

In modern usage, a proctor is the title often given to the Chief Executive Officer or some such other executive officer of a University.

In his 1816 dictionary, Thomas Williams used these words to describe procurator:

"Procurator is one who hath a charge committed to him by any person ... and from this word comes the common word proctor."

REFERENCES:

  • Civil Code of Québec, LRQ, c C-1991, (§2130-2165)
  • NOTE 1: Shumaker, Walter and Longsdorf, George F., The Cyclopedic Law Dictionary (Chicago: Callaghan and Company, 1940), page 731.
  • Williams, Thomas Walter, A Compendious and Comprehensive Law Dictionary (London: Gale & Fenner, 1816).

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