mocodawca

Mocodawca is a person or an organization that grants someone else the authority to act on its behalf under a power of attorney (pełnomocnictwo) in Polish law. The mocodawca defines the scope of the powers and the acts that the empowered person (pełnomocnik) may perform, which can be general or limited to specific tasks.

The relationship is regulated by the Civil Code. A pełnomocnictwo is usually created in writing; for certain acts, such as real estate transactions or acts requiring notarial certainty, a notarial form may be required. The pełnomocnik acts in the name and on behalf of the mocodawca within the limits of the granted authority, and third parties may rely on the representation if it is within those limits.

Effects and obligations: the mocodawca is bound by the acts of the pełnomocnik performed within the scope of the power of attorney. The mocodawca may revoke the authorization at any time, subject to the terms of the instrument or applicable legal rules. The power terminates upon revocation, expiry, death or loss of capacity of the mocodawca, or termination of the authority granted. The full liability for acts outside the scope of the granted powers remains with the agent, and the mocodawca may seek remedies if the agent exceeds authority or acts fraudulently.

Use and context: the concept applies to individuals and legal entities and is common in business, banking, real estate, and administrative matters. The mocodawca and the pełnomocnik form a representation relationship, with the former as the principal and the latter as the agent.