La sociedad cooperativa como estructura jurídica de empresa. una reflexión a propósito del anteproyecto del Código Mercantil

Abstract

The cooperative has a number of characteristics that make it worthy of a constitutional impulse through various policies and actions that are specified in a set of values and principles that enables democratic participation of cooperative members in the cooperative enterprise. From this point on, the next step is that the regulation of this type of company is such that, without detriment or prejudice of the values and principles mentioned, allows optimal performance in the market, in competition with other companies in the same or different type, and generally —in any economic operator.

So, the cooperative allows, as it appears reflected in the art. 1 LC, the development of any business; It is thus a form suitable for the development of an economic activity organized in terms of business. But not only that: the fact that the cooperative has a complex structure, with general meetings and boards that play own functions, leads to the idea of rationalization, complex organization ... reminiscent of the company, similarly to what happens in limited companies, we can say that we have a structure that is not only suitable for the development of a business, but she is a real business structure.