Authority

Powers of Attorney

A power of attorney is the foundational instrument enabling counsel to act in the client’s name. Want of authority can halt a land-registry, court-registry or notarial act. The framework below is general; each legal matter requires its own schedule of special powers.

Notice

The powers required vary according to the specific legal matter. Please contact the office before a power of attorney is issued. This page is general information and is not a substitute for legal advice.

Matters to observe when a power of attorney is drawn

The instrument should be executed before a notary and, where possible, with a photograph.
The client’s identity particulars, national identity number and address must be complete and current.
Where there is more than one principal, each must be given express authority to be represented.
If there is a foreign element, apostille or consular legalisation and a sworn translation should be planned.
The original or a certified copy is produced to administrative and judicial authorities according to the act.

Powers commonly required

To issue proceedings, to conduct pending actions, to settle, to waive and to admit.
To give and receive service, to inspect the file and to take copies.
To attend expert, witness and site-inspection steps.
To commence enforcement, and to conduct attachment and sale.
To pursue appellate remedies (regional appeal, cassation, correction of judgment, retrial).

Acts requiring special authority

Settlement, arbitration agreements, waiver of the claim, admission and waiver of a counterclaim.
Attachment, bankruptcy and composition; the tender and refusal of oath.
Authority to substitute another attorney (tevkil).
Donation of an immovable, dedication to a foundation, or the creation of a limited real right.
Certain civil-status declarations and the oath.

Land-registry acts

Registration pursuant to sale, gift, exchange and contracts of care until death.
Mortgage, discharge of mortgage, annotation, declaration and cancellation.
Construction servitude, condominium ownership, correction of character, subdivision, amalgamation and dedication to a road.
Requests to rectify the title and administrative applications.
The block, parcel and character of the immovable should, so far as possible, be stated in the instrument.

Litigation and enforcement

Representation in civil, cadastral, consumer and enforcement courts.
Preservation of evidence, interim injunctions and precautionary attachment.
Filing regional-appeal and cassation petitions.
Payment of court fees, costs and expert fees.
Payment, waiver and lifting of attachment in enforcement files.

Succession acts

Application for a certificate of inheritance.
Ascertainment of the estate, protective measures and acts of the estate representative.
Disclaimer and acceptance of the inheritance, and extension of the disclaimer period.
Actions for reduction, hotchpot and annulment of a will.
Transfer of an inheritance share and authority for partition.

Expropriation and immovable-property acts

Actions for determination and increase of expropriation compensation.
Claims in de facto appropriation, mesne profits and registration.
Applications to the administration, the conciliation commission and service of process.
Actions concerning cadastral, forest, treasury and municipal land.
Pre-emption, title cancellation and abuse-of-authority actions.

Downloadable documents

Schedule of powers (specimen)