In short
Article 318 first explains what representation is for: the juridical act celebrated by the representative in the name of the represented person is imputed to them and produces effect directly on them and not on the representative, provided the representative acts within the limits of the faculties conferred by law or by the act of empowerment. And then it sets the trap worth knowing before signing anything: if it does not clearly result from the juridical act that one acts in the name of another person, it is understood that the representative acts on their own account. Having the power in your pocket is not enough; the document has to say so. Article 319 marks out the ground: any patrimonial and inter vivos juridical act may be granted through a representative, unless it is personalísimo or the law provides otherwise, and family and civil-status matters are governed by their own provisions and, supplementarily, by this chapter. What personalísimo means the article does not define or list. Article 320 has two rules used daily. The first: representation comprises the faculties conferred and includes the acts necessary for their execution, even if not expressed. The second looks outward: limitations on the faculties, the extinction of the representation, its modification and the principal’s instructions are opposable to third parties if those third parties know of them, or should have known them acting with diligence. What diligence that is, the article does not say. And Article 321 closes with a single line: on the conclusion of the representation, the representative must render accounts to the represented person of the goods received.
What is it?
They are Articles 318 to 321 of the Civil Code of 2020: how signing for another binds them, what may be delegated, how far faculties reach, and what is opposable to a third party.
Who can do it?
Anyone about to sign for another, anyone who has given a power, and anyone contracting with an agent.
Requirements
- The act celebrated in the represented person’s name is imputed to them and takes effect directly on them, not on the representative.Verified against the official source
- The representative must act within the limits of the faculties conferred by law or by the act of empowerment.Verified against the official source
- If the act does not clearly show one acts in another’s name, the representative is understood to act on their own account.Verified against the official source
- Any patrimonial inter vivos act may be granted through a representative, unless it is personalísimo or the law provides otherwise.Verified against the official source
- Representation includes the acts necessary to execute the conferred faculties, even if not expressed.Verified against the official source
- Limits, extinction, modification and instructions are opposable to a third party who knew them or should have, acting diligently.Verified against the official source
- On the conclusion of the representation, the representative must render accounts of the goods received.Verified against the official source
Documents you need
Cost
Step by step
Step 1: Write it into the document
Article 318: if it does not clearly show one acts for another, the representative is taken to act on their own account.
Step 2: Check the act may be delegated
Article 319: any patrimonial inter vivos act, unless it is personalísimo or the law says otherwise.
Step 3: Read the limits of the empowerment
Article 318: the representative must act within the faculties given by law or by the act of empowerment.
Step 4: Count what comes implied
Article 320: representation includes the acts necessary to execute those faculties, even if unexpressed.
Step 5: If you are the third party, check
The same article makes the limits opposable if you knew them or should have, acting diligently.
Step 6: Render accounts at the end
Article 321: on the conclusion of the representation, the representative must render accounts of goods received.
Where to do it
These four articles describe no procedure before any agency. The Code does not define here what a personalísimo act is, nor give a list. It does not say what diligence it requires of the third party in checking the limits of the power, nor what they must review. It does not say what the paper needs for it to clearly result that one acts in another’s name. And Article 321’s duty to account fits in one line: it sets no deadline, no form, and no consequence for failing. Everything about the power itself — its form, its reach, substitution, revocation and the durable power — lives in Articles 326 to 337 and in the mandate chapter, which this site covers in its power-of-attorney guide. None of those gaps is filled here.
How long it takes
What to do if something goes wrong
The costliest mistake in this area is made at the moment of signing, not before. Article 318 says that if it does not clearly result from the act that one is acting in another person’s name, the representative is understood to act on their own account. Putting only your signature at the foot of a purchase, a contract or a note you made for your mother, your partner or your client leaves you inside the deal, even if the power exists and is perfect. The habit of writing down whom you represent and under which document is not formalism: it is exactly what the article asks for. On the other side, if you are the one contracting with an agent, Article 320 places a burden on you worth taking seriously: the limits of the power, its extinction, its modifications and even the principal’s instructions are opposable to you if you knew them or should have known them acting with diligence. The article does not tell you what to review, but it does tell you that pleading ignorance is not enough. Asking for the power document and reading how far it goes is the minimum. If you are the represented person, two things: first, the faculties you gave drag along the acts necessary to execute them even if you did not write them, so the power reaches further than it literally says; and second, when the representation ends, Article 321 gives you the right to be rendered accounts of the goods received, without the Code saying when or how. And if the matter is one of family or civil status, Article 319 sends you first to that field’s specific provisions; this chapter enters only supplementarily. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Signing without saying in the document that you act for another: Article 318 leaves you inside the deal.
- Believing it is enough to hold the power: the article looks at what the act says, not at what you carry.
- Thinking everything may be delegated: Article 319 excludes personalísimo acts.
- Looking in Article 319 for the list of personalísimo acts: it gives none.
- Reading the power to the letter and no further: Article 320 adds the acts necessary to execute it.
- Contracting with an agent without looking at the power: limits are opposable if you should have known them.
- Pleading ignorance of an obvious limitation: the article also counts what you should have known.
- Closing the representation without accounting for goods received: Article 321 requires it.
Frequently asked questions
I signed for my mother but did not say so. Am I bound?
Article 318 says that if the act does not clearly show one acts in another’s name, the representative is understood to act on their own account.
Does the power cover things it does not mention?
Article 320 includes the acts necessary to execute the conferred faculties, even if not expressed.
I did not know the power was limited. Does it affect me?
Article 320 makes limits opposable to a third party who knew them or should have known them acting diligently.
May I delegate any matter?
Article 319 allows any patrimonial inter vivos act, unless it is personalísimo or the law provides otherwise.
Official sources
These are the government pages this guide is based on.
- Poder Judicial de Puerto Rico
Poder Judicial
bvirtualogp.pr.gov
Last verified
September 12, 2026
MiPRFácil is an independent informational website and is not affiliated with, endorsed by, or operated by the Government of Puerto Rico or any government agency.
MiPRFácil does not submit applications on your behalf.
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Power of attorney and durable power: who can sign for you
A general power covers only administration. Selling or mortgaging needs express authority, and surviving your incapacity needs a durable power.
Your agent may not sell themselves what is yours without your express consent
Article 322 of the Civil Code of 2020 makes voidable any act the representative makes with themselves without the principal’s express consent.
The silence of whoever was asked to ratify is understood as a refusal
Article 325 of the Civil Code of 2020 reads silence as a refusal to ratify, yet ratifies silently whoever takes the deal’s benefit.
Performing the contract after the cause ends costs you the right to void it
Article 350 of the Civil Code of 2020 turns full or partial performance into tacit confirmation, and 351 extinguishes the action with it.
Voiding a contract for your own mistake makes you pay the other side’s expenses
Article 286 of the Civil Code of 2020 makes only the author of deceit, violence and intimidation indemnify; in error, whoever invokes it pays.
Bringing someone else into the deal: naming, promising for another, or in their favour
You may reserve naming later who takes your place; failing an agreed period, thirty days. And a benefit to a third party is revocable until they accept.
Neither spouse may claim to represent the other without express permission
Article 402 of the Civil Code of 2020 requires representation between spouses to be expressly conferred, by judicial authority or by law.