Law for cooperative societies, the boom of an alternate legal framework

News

23 February 2015

Bilbao Campus

Enrique Gadea - University of Deusto lecturer in Mercantile Law – has published the first volume of the compendium entitled  “Cooperative Society Law”, which offers a complete overview of these societies’ legal system. He states that these societies, “as alternative forms of market operators, are being developed across the world, particularly after the recent economic crisis". 
 
Although the 436 page study written by Gadea, Carlos Vargas Vasserot and Fernando Sacristán Bergia takes the National Cooperative Societies Law of 1999 as its basic reference, Comparative and Communitarian Law regulations, in addition to autonomic legislation, are constantly referred to.
 
The authors also include the most recent laws enacted in Spain, such as the one for Castile-La Mancha (2012) or the new law for Andalusian Cooperative Societies (2012) and its implementing regulation (2014). 
 
The compendium is not a mere study of current law in force, as it offers a critical and practical view, in addition to proposing solutions for the different issues analysed, (concept, nature and cooperative types, constitution and social statuses, partners’ rights and duties and corporate bodies) from the perspective of modern cooperative Law. The compendium also includes cooperatives in the corporate commercial system (Law on Capital Societies, Proposal of Commercial Code, Law on improvement of corporate government, etc.).
 
This approach highlights analysis of the points included within the legal status of cooperatives. They tend to make some of the traditional principles regarding cooperatives more flexible and have developed the Spanish cooperative model from a social point of view to a more economic and practical one, which is more similar to today’s capital companies.