Skip to content
Catholic Online Logo

A person who manages the affairs of another by virtue of a charge received from him. There are different kinds of procurators: general, or particular, according as he is authorized to manage all the affairs of another, or only some of them; again a procurator may represent another in judicial matters ( ad lites ), or in matters not requiring court proceedings ( ad negotia ); special procurators are the syndicus , a general agent of a university or corporation and the fiscal procurator, appointed by public authority as guardian of the law in civil, and especially in criminal proceedings.

Everybody, unless expressly forbidden by the law, has the right to appoint a procurator in affairs of which he has the free management. In selecting a procurator, a person is free, provided the choice does not fall on someone debarred by law, as excommunicated persons, notorious criminals, regulars without the consent of their superiors, clerics in cases for which they cannot act as lawyers, and finally, for judicial cases, persons under twenty-five, for non-judicial cases, persons under seventeen years of age.

A procurator has the right and duty to act according to the terms of the charge committed, but a general mandate does not include cases for which the law requires a special commission. He is also allowed to elect a substitute, except in cases of marriages, and in general whenever, owing to the serious character of the affair, the procurator is supposed to have been chosen with the understanding that he should transact the business in person.

The power to act as procurator ceases: (a) as soon as he has fulfilled his office; (b) if with a sufficient reason he resigns; (c) if the principal or appointer revokes his mandate; but he must do this in due time, that is, while the affair still remains untouched ( re integra ); this revocation must be brought to the notice of the procurator before the latter completes the transaction; one of the chief exceptions to these rules is when there is question of a procuration to contract a marriage, in which case the revocation holds good, as long as it was made before the procurator contracted in the principal's name.

Unless the procurator acted beyond his powers, the principal must accept whatever the latter did in his name.


More Encyclopedia

The Catholic Encyclopedia is the most comprehensive resource on Catholic teaching, history, and information ever gathered in all of human history. This easy-to-search online version was originally printed in fifteen hardcopy volumes.

Catholic Encyclopedia

Designed to present its readers with the full body of Catholic teaching, the Encyclopedia contains not only precise statements of what the Church has defined, but also an impartial record of different views of acknowledged authority on all disputed questions, national, political or factional. In the determination of the truth the most recent and acknowledged scientific methods are employed, and the results of the latest research in theology, philosophy, history, apologetics, archaeology, and other sciences are given careful consideration.

No one who is interested in human history, past and present, can ignore the Catholic Church, either as an institution which has been the central figure in the civilized world for nearly two thousand years, decisively affecting its destinies, religious, literary, scientific, social and political, or as an existing power whose influence and activity extend to every part of the globe. In the past century the Church has grown both extensively and intensively among English-speaking peoples. Their living interests demand that they should have the means of informing themselves about this vast institution, which, whether they are Catholics or not, affects their fortunes and their destiny.

Copyright © Catholic Encyclopedia. Robert Appleton Company New York, NY. Volume 1: 1907; Volume 2: 1907; Volume 3: 1908; Volume 4: 1908; Volume 5: 1909; Volume 6: 1909; Volume 7: 1910; Volume 8: 1910; Volume 9: 1910; Volume 10: 1911; Volume 11: - 1911; Volume 12: - 1911; Volume 13: - 1912; Volume 14: 1912; Volume 15: 1912

Catholic Online Catholic Encyclopedia Digital version Compiled and Copyright © Catholic Online


Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Daily Readings

Reading 1, Jeremiah 1:17-19
17 'As for you, prepare yourself for action. Stand up ... Read More

Psalm, Psalms 71:1-2, 3-4, 5-6, 15, 17
1 In you, Yahweh, I take refuge, I shall never be put ... Read More

Gospel, Mark 6:17-29
17 Now it was this same Herod who had sent to have ... Read More

Saint of the Day

Saint of the Day for August 29th, 2014 Image

St. Sabina
August 29: St. Sabina's feast day is August 29th. We know St. Sabina only ... Read More

Inform, Inspire & Ignite Logo

Find Catholic Online on Facebook and get updates right in your live feed.

Become a fan of Catholic Online on Facebook


Follow Catholic Online on Twitter and get News and Product updates.

Follow us on Twitter