Legal Definitions - procuratorio nomine

Procuratorio nomine is a historical Latin legal phrase that translates to "in the name and capacity of an agent." It describes a situation where an individual acts officially not on their own behalf, but as a formally appointed representative for another person or entity. This means the individual (the "procurator" or agent) possesses the authority or mandate to manage affairs, conduct business, or represent the interests of their principal.

Here are some examples to illustrate this concept:

• Historical Estate Management: Imagine a wealthy Roman citizen in the 1st century AD who owns extensive agricultural estates across Italy but spends most of their time in Rome attending to political duties. This citizen might formally appoint a trusted manager to oversee the day-to-day operations of these estates, collect rents from tenants, and manage the workforce. The manager would be acting procuratorio nomine, meaning they are managing the property and its affairs not as the owner, but with the owner's explicit authority and on their behalf.
• Medieval Legal Representation: Consider a noblewoman in 14th-century England who is involved in a complex land dispute but is too ill to travel to the distant royal court. She grants a formal written mandate to her most trusted steward, empowering him to appear before the judge, present her arguments, and make decisions regarding the case. The steward, in this scenario, acts procuratorio nomine, representing the noblewoman's legal interests and speaking with her authority, effectively standing in her place during the proceedings.
• Colonial Trade Negotiations: In the 17th century, a European trading company seeks to establish new commercial ventures in a distant land. They dispatch a factor (a type of commercial agent) with a detailed commission to negotiate treaties with local rulers, set up trading posts, and conduct various business transactions. This factor operates procuratorio nomine because they are not trading for personal gain or on their own authority, but are acting as an authorized agent, conducting business and making agreements solely in the name and with the power granted by the trading company.