Sunday, August 1, 2021

Agency Authority by Judicial Act

A different kind of source of agency is authority granted by the court. That is, an authority to act on behalf of another may emanate form the court‟s decision. Courts, upon evolvements of some conditions, may appoint some other person to do activities pertaining to the other. The provisions governing court authorization are provided here in after: 


This situation is not an agency either by a prior agreement of the parties or by the lawmaker. But it arises by the order of the court upon application. This case of agency is governed by Arts 2253-2256. The person appointed by order of the court is called the curator. Thus the parties involved in here are the person represented and the curator. This appointment of curator is usually necessitated when the person whose interest (s) are (is) to be represented is not in a position to appoint an agent by reason of being a way, ill or any similar causes (Art 2255). In these cases only limited persons (relatives, spouse and nobody) shall apply to a court with jurisdiction for the appointment of an agent to protect the interest of the person to whose benefit a curator is required. (Art 2254).  


Only relatives and/or spouses have these rights in order to protect the interest of the person represented against misuse of his interest. The person to be appointed is going to carry out those 

“acts as are of an urgent nature” [Art. 2255(2)] 


The curator is expected to work for the interest of the person represented, and the court may give directions on how to carry out the obligations and may impose liability on the curator. The curator has to inform his appointment as soon as possible to the person he/she represent. The curator is a contractual agent for all the rights and duties [Art. 2256]. Because of lack of space and time we cannot write down the relevant provisions of this subsection. Thus, you are advised to refer frequently to the Civil Code provisions, relevant and cited above. 


Article 2253 Principle 

The authority to do an act or acts of certain kind on behalf of another may be given by the court to a person here in after called a curator. 


Article 2254 application for appointment  

1) an application for the appointment of a curator may be made to the court by a relative or by the spouse of the person to be represented. 

2) It may be made by no other person 


Article 2255 Decision of the court 

 1) The court shall not grant the application unless the person to be represented is not in apposition to appoint  

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