A View on the Cooperative Associate in the Spanish/Portuguese Legislation, with Special Reference to the Legislation of Extremadura

Abstract

Despite the proximity, the laws on cooperatives in Spain and Portugal are very different. In Portugal, the constitution gives great importance to cooperatives and the cooperative sector, while in Spain, the constitutional text pays little attention to it and, furthermore, its legal development has been carried out by the various autonomies, while legislation in Portugal, has a national character. However, what is truly decisive is that while Portuguese cooperatives are not profit-oriented, in Spain this is not the case, in fact, in our country cooperatives increasingly resemble capitalist mercantile companies.

All this configures a different way of looking at the rights of the associates and their exercise, this comparison being a way of highlighting the successes and mistakes that have been made on both sides of the border. I did not want to overlook the importance that autonomous legislations have in our country, taking the legislation from Extremadura, as a reference, being one of the autonomies that has made more efforts in this regard.