What is Procuration?

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  • Written By: Mary McMahon
  • Edited By: Kristen Osborne
  • Last Modified Date: 07 February 2020
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Procuration is the exercise of power on behalf of another person. The delegation of power to another person can be express or implied in nature and is used in many different settings, especially in business, where someone may not be able to respond or act immediately and uses an agent to handle urgent business matters. There are usually limits on the kind of power the agent has, and the person the agent is representing can revoke those powers if an agent is no longer needed, exceeds authority, or does not act with the interests of the client in mind.

In a case of express procuration, someone has been specifically given responsibility for handling affairs on behalf of another person through a written agreement or contract. Implied procuration involves situations where people act on behalf of others and no action is taken to stop them or limit their powers. In business environments, people like secretaries may have implied powers because they take action on small matters without consulting their superiors.


Procuration also comes up in settings where people are making business arrangements for loans and other types of agreements. In this case, a third person is hired to identify and meet the needs of someone involved in a transaction. This person is not negotiating the agreement on his or her own behalf, but rather exercising powers on behalf of someone else to get the best deal. People who specialize in handling loans, real estate contracts, and other types of activities have the training and experience to help people reach an agreeable deal on a transaction that may be unfamiliar to them.

This term is used in some special ways in certain areas of the law. In ecclesiastical law covering church matters, procuration is a right extended to certain church officiants to have necessities provided for them while they are performing duties for the church. This includes offering food, along with a place to stay, to people such as bishops who are on church business. The right to procuration ensures that church officials, who may possess little personal wealth, are able to support themselves.

In regions where prostitution is outlawed, procuration is a criminal activity that involves connecting clients with sex workers. In this sense, the person engaging in procuration is acting as an agent on behalf of one or both parties to negotiate a business agreement. Depending on how the law views prostitution, the person making the arrangements may be liable, as can the people directly involved in the transaction.


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