Conor McAuley Sep 24, 2021:

I just think if you start explaining/suggesting things like "prête-nom" to people, then they're bound to start getting a little, ahem, "creative", that's just human nature.

Anyway, one hundred thousand thank yous, as they say in Ireland, for choosing my answer. Well, one at least, anyway!

AllegroTrans (asker) Sep 23, 2021:

Ah yes, dodginess English law deals with that by the presumption that we will all act reasonably and with probity and good faith. Like the man on the Clapham omnibus (Hall vs Brooklands Auto-Racing Club 1932, elevated to even greater fame by Lord Denning).
Some bedtime reading: https://www.jstor.org/stable/41301011

Conor McAuley Sep 23, 2021:

I think I mentioned about value judgements...are the rules flexible to the point of creating room for a bit of dodginess? Maybe not for us to say.

AllegroTrans (asker) Sep 23, 2021:

And I found articles mentioning the "règles du mandat du droit commun" again suggesting that such rules are in the legislation. So I don't think the "mandat" here is the marriage settlement, as (interestingly of course) suggested by Adrian.

AllegroTrans (asker) Sep 23, 2021:

Final decision I have chosen "power of attorney rules" as further research leaves me to believe that such rules are codified into the law of Switzerland (and France of course).

Un exemple du mandat sans représentation est le contrat de prête-nom. Dans ce contrat, le prête-nom s’engage à agir pour le compte d’autrui mais en son propre nom. Le prête-nom ne dit pas au tiers contractant pour qui il agit et a fortiori ne révèle pas l’identité de la personne pour laquelle il agit. Le prête-nom s’engage donc personnellement. Cela étant, la jurisprudence considère que les relations entre le prête-nom et la personne pour le compte de laquelle il agit sont régies par les règles du mandat.

Conor McAuley Sep 22, 2021:

I tend to agree with you, but I suppose we have to be careful about value judgements. Blame Napoleon and Julius Caesar and law written down, is that the old thing?

AllegroTrans (asker) Sep 22, 2021:

Thanks Conor... by contrast, a UK or Irish POA can grant power to do virtually anything provided it is lawful and capable of being done asfaik and is drawn up and executed in the proper manner. Methinks our continental cousins tend to microanalyse all of this and impose lots more legislation.

Conor McAuley Sep 22, 2021:

Yes, absolutely.

Interesting:

"In general, a Swiss power of attorney includes rights for: extrajudicial representation, representation before all courts of law and any administrative authorities, entry into agreements, including arbitration agreements, entering into settlements, receiving and issuing payments, securities, dealing with matters regarding debt collection and litigation in Switzerland, representation in inheritance matters and even representation in criminal matters."

https://www.companyformationswitzerland.com/power-of-attorne...

AllegroTrans (asker) Sep 22, 2021:

My thinking on this is that Switzerland (presumably in common with other code law countries) has specific rules regarding POAs - e.g. what powers can and cannot be granted, and exactly how. In GB we don't have that degree of legal oversight. So maybe "the statutory (Swiss) power of attorney rules" would be appropriate given that the English translation is needed for Asia. Thoughts anybody?