Aula 13c - Mandatos e procurações - Curso BNB
New Section
The section introduces the topic of mandates and powers of attorney, emphasizing the importance of understanding these concepts in legal and banking contexts.
Definition and Characteristics
- Mandate is an authorization for one party (mandator) to appoint another (mandatary/procurator) to act on their behalf in legal matters.
- Example provided where a person authorizes someone else through a power of attorney to perform specific actions on their behalf, such as opening a bank account.
- The power of attorney must specify the delegated powers clearly for representation in legal matters.
Formalization and Requirements
- Emphasizes that mandates must be in writing, especially for banking operations, to formalize the authorization process.
- Discusses the necessity of formalizing mandates through written documents like a power of attorney, detailing conditions and powers granted.
Understanding Intervenients in Mandates
Explains the roles of different parties involved in mandates, clarifying terms like mandator, represented party, or outorgrantor.
Roles Clarification
- Mandator/represented/outorgrantor are synonymous terms referring to the party delegating representation for legal acts.
Opening Account and Granting Power of Attorney
In this section, the speaker discusses the ability to open an account, move balances, and grant power of attorney. They explain who can grant power of attorney and the limitations based on age and capacity.
Who Can Grant Power of Attorney
- People capable of acquiring and exercising rights can grant power of attorney.
- Individuals aged 16 to 18, not emancipated, can act as attorneys but not as principals.
- Emancipated individuals or those over 18 can act as both principals and attorneys.
Limitations for Minors
- Minors aged 16 to 18 cannot claim damages for contract breaches if represented by a minor under a power of attorney.
- Relatively incapacitated individuals cannot grant power of attorney due to limited capacity for certain acts.
Qualifications and Powers in Power of Attorney
This part covers the qualifications required in a power of attorney document and the extent of powers granted to the attorney.
Qualifications in Power of Attorney
- The document should include details about the principal (outorgante) and the attorney (outorgado).
- Attorneys must adhere strictly to the specified powers; exceeding them may lead to liability for losses incurred by the principal.
Powers Granted
- Attorneys are authorized only for actions explicitly stated in the document; any unauthorized actions make them liable for losses.
Validity Period and Revocation
This section explains the validity period options for a power of attorney document and how revocation works.
Validity Period Options
- A power of attorney can be valid indefinitely or have a defined term chosen by the principal.
Revocation Process
Procuração e seus Tipos
The speaker discusses the importance of updating a power of attorney annually to ensure its validity and explains the differences between public and private instruments for power of attorney.
Public vs. Private Instruments
- Public instrument: Created in front of a notary, offering more security for both the bank and the parties involved.
- Private instrument: Can be created using software like Word, requiring only signature verification at a notary.
- Most powers of attorney are private instruments, often needing signature verification.
Substabelecimento e Revogação da Procuração
The speaker delves into the concept of subdelegation within a power of attorney and explains how revocation can occur.
Substabelecimento
- Substabelecimento: When an appointed person delegates their powers to another individual.
- Substabelecido: The individual receiving delegated powers through subdelegation.
Revogação e Extinção do Mandato
Details on how a power of attorney can be revoked or terminated under various circumstances.
Revogação e Extinção
- Revogation by mandante or renunciation by procurador can terminate a power of attorney.