Legal Concepts: Forfeiture, Agency, and Proxy Authority

Forfeiture and Limitation Periods

Certain rights are subject to a *limitation period*, meaning the right can only be exercised within that specific timeframe. Generally, these periods do not allow for interruption or suspension. Legal codes do not always automatically recognize when a deadline for filing an action has expired, or when prescription has occurred. Legal doctrine often considers *expiration deadlines* as a statutory amendment, distinct from *limitation periods* which are primarily for safeguarding and maintaining a pre-existing right.

Differences Between Forfeiture (Expiration) and Prescription

1. Forfeiture (expiration) can arise from a private act or by law, whereas prescription originates solely from the law.
2. Forfeiture aims to fix in advance the time for exercising a right, whereas prescription seeks to declare rights extinguished due to their non-exercise for a period stipulated by law, leading to their presumed abandonment.
3. With forfeiture, a right must be exercised within a specified period, after which it is extinguished. With prescription, the right is extinguished due to inactivity during the time prescribed by law.
4. Forfeiture must be determined automatically by the courts, while prescription must be invoked before the courts by the party who benefits from it.
5. Forfeiture does not allow for suspension or interruption, whereas prescription can be suspended or interrupted.

Regarding the computation of time, a period can be fixed if determined from a specific moment. If not, the computation relates to different timeframes. Both the initial and final days are typically included.

Understanding Agency (Power of Attorney)

Power is the legal authority granted to a representative to act on behalf of the principal, affecting their property. The granting of power is a unilateral act of the principal. The agent's intervention is not required for the act of granting power to be valid; the agent learns of it later.

Granting of Power

• Explicitly: It can be granted through a public or private instrument, or even verbally.
• Tacitly: Inferred from conclusive facts.

Acceptance of Agency

• Express: Explicitly stated.
• Tacit: Inferred from the agent's actions.

Types of Mandate

• General: Covers all of the principal's affairs. However, acts that compromise the principal's assets (e.g., disposition) typically require *express* authorization, beyond general administrative powers.
• Special: Covers one or more specific affairs or transactions. This type of power is often required for acts that alter the principal's assets.

Agent's Performance and Unauthorized Actions

The agent acts on behalf and for the account of the principal. They must act within the limits of the power conferred, without exceeding them.

A contract entered into on behalf of another by someone without legal representation shall be void, unless ratified by the person on whose behalf it was made.

When the agent exceeds their authority, the principal is not bound unless they expressly ratify the action.