Title 3

Power of attorney (volmacht) is the authority granted by a principal (volmachtgever) to another person, the attorney-in-fact (gevolmachtigde), to…

A power of attorney may be granted expressly or tacitly.

A general power of attorney extends to acts of disposition only if it has been stipulated in writing and unambiguously that it also extends to such…

The circumstance that a person is incapacitated to perform juridical acts for himself does not make him incapacitated to act as an attorney-in-fact.

Unless otherwise provided, an attorney-in-fact is only authorised to grant the power of attorney granted to him to another in the following cases:

If a power of attorney has been granted to two or more persons jointly, each of them shall be authorised to act independently, unless otherwise…

A juridical act performed by an attorney-in-fact within the scope of his authority in the name of the principal shall affect the principal in its…

A person who enters into an agreement in the name of a principal to be named later must disclose the name of said principal within the period…

Unless otherwise provided, an attorney-in-fact may only act as a counterparty to the principal if the content of the juridical act to be performed is…

Where a person has acted in the name of another as an attorney-in-fact without being authorised to do so, the latter may ratify the juridical act and…

A person who acts as an agent warrants to the counterparty the existence and scope of the power of attorney, unless the counterparty knows or ought…

Declarations made by an attorney-in-fact may be rejected as invalid by the counterparty if the latter has immediately requested proof of the power of…

A power of attorney terminates:

Notwithstanding the death or the placement under guardianship of the principal, the attorney-in-fact remains authorised to perform the juridical acts…

Insofar as a power of attorney extends to the performance of a juridical act in the interest of the attorney-in-fact or of a third party, it may be…

After the termination of the authorisation, the attorney-in-fact must, upon request, return the documents evidencing the authorisation or allow the…

A cause which has terminated the power of attorney may only be invoked against a counterparty who was aware neither of the termination of the power…

If a valid juridical act is performed by virtue of the power of attorney notwithstanding the death of the principal, the heirs of the principal and…

Where a person acts as a representative on a basis other than a power of attorney, Articles 63, paragraph 1, 66, paragraph 1, 67, 69, 70, 71 and 75…

Outside the field of property law, the provisions of this Title shall apply mutatis mutandis, insofar as the nature of the juridical act or of the…