Emisión de poderes generales y especiales y su aplicabilidad ante el fallecimiento del mandante / originador.

Abstract

The study is oriented towards the issuance of general and special powers of attorney, evaluating their applicability upon the death of the principal / originator, taking into account that within the national territory these powers are extinguished in such cases but can continue if their compliance is limited to one time. The principal has died or if his breach would cause damage to his heirs. However, this does not contemplate cases when the agent and / or third parties may be affected if the power of attorney is without effect, deriving from this the study problem where the general objective is to ensure compliance with the powers according to art. 2072 of the Civil Code. Theoretical methods were used as methodology to collect the data, being the synthetic analytical and the inductive deductive; and the empirical ones who understood the documentary analysis and comparative law where the national legal system was evaluated against that of Mexico, Peru, Colombia, Uruguay and Argentina. As a finding, it is contemplated that in countries such as Uruguay and Argentina powers are allowed to subsist with the death of the principal when there is mutual interest between the principal and the agent, the agent and third parties or only third parties, presenting a reform that contemplates it, with the intervention of the notary as an authority that will verify that the powers can be kept in force in these cases, this by notarial act.