Overview of cooperative law in Latin America

Abstract

This article aims at giving a general outlook of the main features shaping the Cooperative Law in the Latin American Continent. It starts making some clarifications about the limits involved in the task and emphasizing the distinction between Cooperative Law and Cooperative Legislation. A brief history of the evolution of the subject in the region marks the begining of the approach followed by the treatment of the common outlines of the regional Cooperative Law. The most relevant aspects dealt with are the reception of cooperatives in the national constitutions of the different countries and then how legislation deals with the main aspects of the relation beween cooperatives and the State: the incorporation or legal constitution, public supervision and promotion. These aspects are considered from a descriptive approach but also from a critical point of view taking into consideration the different situations in the Continent. Afterwards, some particular aspects which are specially relevant in the present time are dealt with. The tendency towards harmonization of cooperative laws in the countries of the region through the Project of the Framework Law for Cooperatives in Latin America and the Statute for the Mercosur Cooperatives is tackled. Attention is also given to the important growth of labour cooperatives in several countries due to the economic crisis and the pehnomenon of the outsourcing in recent years which brought about different legislative responses. Finally, the conclusion is drawn that the progress of the cooperatives in the región depends in a good measure of the existence of an appropriate Cooperative Law.