The Foundational Business in the Cooperatives Societies of Public Participation

Abstract

In this work it is analyzed in that aspects can there turns altered the essential elements of assent, object and reason of the business foundational of a cooperative company when it he informs as partner a public entity, as well as the influence that can have the public nature of the partner in each one of the classes of cooperative company foreseen in the leys of cooperatives and which would be the class of the most suitable partner to inform the public entities in these societies. We depart from the fact of to consider that these organizational figures are suitable for the attainment of the ends proposed by the Administrative action, provided that the values that are in the juridical substratum of these private figures marry perfectly the aims of general interest chased by the public Administrations. Nevertheless, our interest is to conclude if it was necessary to claim an proper and specific category which juridical regime was foreseeing the possible peculiarities that the public nature of one of the partners can raise In order to guarantee of clear form and indubitable that the juridical private form corresponds with the attribution of juridical private personality that him is proper in order that this one could not be of fact displaced by the personality juridical public of the administrative entity that, at last, would be acting for person juridical. For it we have rested principally on the legislation juridical public that regulates to the public entity and her juridical deprived that it regulates to the society, both converge on these association figures of public participation.