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Power of attorney in Portuguese and English — both in one document

For the cross-border case in Portugal: one document, the binding Portuguese version and a English translation side by side.

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At a glance

The power of attorney must observe the same form the underlying transaction requires (parallelism of forms), otherwise it is invalid — Código Civil art. 262.º, n.º 2, as of 1967.
Where notarial intervention is required, a public instrument, a written document with in-person certification of handwriting and signature (reconhecimento presencial), or an authenticated document suffices — Código do Notariado art. 116.º, n.º 1, as of 1995.
An act concluded in another's name without representative powers is ineffective towards the principal unless he ratifies it — Código Civil art. 268.º, n.º 1, as of 1967.
The agent's self-dealing (contracting with himself) is voidable unless the principal specifically consented or a conflict of interests is excluded — Código Civil art. 261.º, n.º 1, as of 1967.
The principal may freely revoke the power of attorney at any time, notwithstanding any agreement to the contrary or waiver of the right to revoke — Código Civil art. 265.º, n.º 2, as of 1967.
If the power of attorney was also granted in the interest of the agent or a third party, it cannot be revoked without that party's consent, save for just cause — Código Civil art. 265.º, n.º 3, as of 1967.
The agent may appoint a substitute (substabelecimento) only if the principal permits it or the power to substitute follows from the power of attorney or the underlying legal relationship — Código Civil art. 264.º, n.º 1, as of 1967.
A power of attorney (procuração) is the act by which someone voluntarily grants another representative powers — Código Civil art. 262.º, n.º 1, as of 1967.

Not one language per country — both sides read the same binding version

Template shops give you a Portuguese-only or English-only version. DUOLEXX generates both in a single document, grounded in Portugal civil law — the receiving party understands exactly what they sign and it stays enforceable in Portugal.

Governing Language Version

This document consists of two language versions. In the event of any discrepancy or question of interpretation, the version in the governing legal language (Português) shall prevail; the English version is a translation provided for convenience.

Frequently asked questions

Does my power of attorney have to be notarised?

The power of attorney must observe the form required for the transaction to be performed (Código Civil art. 262.º, n.º 2); where notarial intervention is required, a public instrument, a written document with in-person certification of the signature (reconhecimento presencial), or an authenticated document suffices (Código do Notariado art. 116.º, n.º 1).

What happens if the agent acts without representative powers?

An act concluded in another's name without powers is ineffective towards the principal unless he ratifies it (Código Civil art. 268.º, n.º 1).

Can I revoke the power of attorney at any time?

Yes, the power of attorney is in principle freely revocable, even against a contrary agreement (Código Civil art. 265.º, n.º 2). Exception: if it was also granted in the interest of the agent or a third party, revocation needs that party's consent, save for just cause (art. 265.º, n.º 3).

May the agent delegate the power to someone else?

Only if the principal permits it or the power to appoint a substitute follows from the content of the power of attorney or the underlying legal relationship (Código Civil art. 264.º, n.º 1).

May the agent contract with himself?

Such self-dealing is voidable unless the principal specifically consented or the nature of the act excludes any conflict of interests (Código Civil art. 261.º, n.º 1).

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