Mandate and Representation – Procuration defined

Mandate and Representation – Procuration defined

Art. 2987. Procuration defined; person to whom addressed. 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.

Revision comments-1997. (a) This provision is new. It is based on Article 2985 of the Louisiana Civil Code of 1870. The civilian term “procuration” has been used instead of the colloquial “power of attorney,” which is a common-law term of art. This usage avoids confusion with common-law institutions and the designation of the representative as “attorney.”

(b) A procuration is a “unilateral juridical act” that confers on the representative authority to represent the principal in legal relations. It differs from a mandate which is a “contract” that confers on the mandatary authority to transact one or more affairs for the principal. See Civil Code Article 2989 (Rev.1997). infra.

(c) The procuration is not required to be in a particular form. Nevertheless, when the law prescribes a certain form for the authorized act, a procuration authorizing the act must be in the same form. See Civil Code Article 2993 (Rev. 1997), infra.

(d) The recipient of the procuration does not bind himself to do anything. However, if he accepts the procuration or acts accordingly, a contract may be formed between the principal and the representative. This contract may be a mandate or another nominate contract.

(e) The term “legal relations” includes creating, modifying, or terminating “legal relations.”

Art. 2988. Applicability of the rules of mandate, A procuration is subject to the rules governing mandate to the extent that the application of those rules is compatible with the nature of the procuration.