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Did the Cooperative Start Life As A Joint-Stock Company? Business Law And Cooperatives In Spain, 1869 - 1931

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Executive Summary

Papers of Spanish cooperatives date their spread from the Law on Agrarian Syndicates of 1906. But the first legislative appearance of cooperatives is an 1869 measure that permitted general incorporation for lending companies. The 1931 general law on cooperatives, which were the first act permitting the formation of cooperatives in any activity, reflect the gradual disappearance of the cooperative's "business" characteristics. In this paper the authors trace the Spanish cooperative's legal roots in business law and its connections to broader questions of the freedom of association, the formation of joint-stock enterprises, and the liability of investors in business and cooperative entities.

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