Exploring the Concept of Procurator in Rem Suam in Legal Terms

Q: Can anyone be a procurator?

No, a procurator must have explicit authorization from the property owner or assignor.

Q: What legal actions can a procurator take?

A procurator can initiate lawsuits and collect benefits related to the assigned rights or property.

Definition & Meaning

The term "procurator in rem suam" refers to a person authorized to act on behalf of another regarding their own property or rights. This legal concept allows an assignee to initiate a lawsuit in their own name against a debtor and retain any benefits received from that action. In the context of Roman law, it signifies the assignee of a right to take legal action. In Scots law, it describes a situation where someone acts as an attorney concerning their own assets.

Table of content

Legal Use & context

This term is primarily used in civil law contexts, particularly in matters involving property rights and debt recovery. It is relevant in situations where an individual assigns their rights to another party, granting them the authority to pursue legal action. Users can manage related legal processes using templates provided by US Legal Forms, which are drafted by qualified attorneys to ensure compliance with applicable laws.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A person assigns their right to collect a debt to a friend. The friend, acting as a procurator in rem suam, can sue the debtor in their own name and keep the collected amount.

Example 2: A property owner gives a contractor the authority to act on their behalf to recover unpaid rent from a tenant. The contractor can take legal action as the procurator in rem suam. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State	Variation
California	Allows for broader powers of attorney in property matters.
New York	Requires specific language in the assignment to grant such authority.
Texas	Recognizes procurators but has different procedural requirements for debt collection.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Key Differences
Power of Attorney	A legal document allowing one person to act on behalf of another.	More general; can apply to various matters, not limited to property.
Assignee	A person to whom rights or property are transferred.	Focuses on the transfer of rights, not necessarily the ability to act legally.

Common misunderstandings

What to do if this term applies to you

If you find yourself needing to act as a procurator in rem suam, ensure you have the proper authorization from the property owner or assignor. It may be beneficial to use US Legal Forms to access templates that can help you draft necessary documents. If your situation is complex, consider consulting a legal professional for tailored advice.

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Quick facts

Typical Use: Civil actions involving property rights.
Authorization: Must be explicitly granted by the property owner.
Retention of Benefits: The procurator can keep any benefits obtained through legal action.