carta poder simple

Discussion in 'Legal Terminology' started by Tiger's Eye, Oct 6, 2010.

  1. Tiger's Eye

    Tiger's Eye Senior Member

    Georgia, USA
    English - US
    I understand that "carta poder" is a power of attorney, in most circumstances, as thoroughly explained in other threads. My question is: what happens when it is followed by "simple?"

    Does that make it a "simple power of attorney?" :confused:
     
  2. Sherlockat

    Sherlockat Senior Member

    Australia
    Castilian (Patagonian)
    A "power of Attorney: is 'simple' in itself (redundante)
    However, it's important to say that most Spanish legal systems come from Roman model (italian); the English ones follow another school of legal thought.

    For instance, in Spanish world there are some important differences when you say "poder simple" (simple procedure) or "poder notarial" (legal procedure). Please check on this link.
     
  3. Tiger's Eye

    Tiger's Eye Senior Member

    Georgia, USA
    English - US
    So should I translate the "simple" as well or just leave it out? I don't like leaving things out, but I don't want to be redundant...
     
  4. Tiger's Eye

    Tiger's Eye Senior Member

    Georgia, USA
    English - US
    I checked the link. I'll leave it as "simple power of attorney." Mil gracias!!
     
  5. litiga8or

    litiga8or Senior Member

    Oregon, USA
    Rainy Oregon! USA
    There are General Powers of Attorney, Special Powers of Attorney, Springing Powers of Attorney, and Durable Powers of Attorney. Each has a different legal consequence. I have never heard of a "Simple" Power of Attorney.

    What powers is the POA granting?
    When do the powers begin?
    When do the powers end?

    With that information, it might be possible to figure out what "simple" means.
     
  6. Sherlockat

    Sherlockat Senior Member

    Australia
    Castilian (Patagonian)
    Long time but here my opinion:

    Special heed may be needed to those powers granted by a notary whose legal effectiveness is not the same as legal representation that has been granted and registered via a public deed.

    At least in Chile, "power of attorney" (PA) (or whatever is called) has two "dimensions". A "PA" may be "simple" for there is no formality more than having some stamps and the identification of signatory parties. Usually, this power is issued for a particular purpose, maybe with a few clauses on it. Conversely, "the complex power" is greater than "the simple". The red-tape before the notary is not enough since its effectiveness only occurs if the power has has been registered as a public deed i.e. the deed has been identified with a folio number.

    In all case, wait for lawyers :)
     

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