Duhaime's Law Dictionary


Procuration Definition:

Civil law: a power of attorney.

Related Terms: Proctor

Note 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.

One 2013 Government of Quebec document described the procuration as a mandate and also as a power of mattorney. The English version of an article entitled La procuration includes these words:

"The type of mandate presented here authorizes a person to carry out everyday administrative tasks on behalf of another person – for example, to pay bills or perform bank transactions, or to sign a lease for an apartment or a contract to sell a building. In other words, the mandate concerns only the administration of property. It is commonly known in English as a “power of attorney.”"

The French version (translated) includes these words:

"The mandate is also known as the procuration."

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

"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."

REFERENCES:

  • Civil Code of Québec, LRQ, c C-1991, (§2130-2165). In France, the Civil Coder called the instrument un mandat but in the English translation defers entirely touses these words: "An agency or power of attorney is a transaction by which a person gives to another the authority to do something for the principal and in his name."

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