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Defensa y condiciones para la no aplicación de la ley de la cadena alimentaria a las entregas de productos de socios a las cooperativas (de primer y segundo grado), a otras entidades asociativas y a las realizadas en virtud de acuerdos intercooperativos
[Defense and conditions for the non-application of the law of the food chain to the deliveries of products from partners to cooperatives (first and second degree), to other associative entities and those made under inter-cooperative agreements]

Author

Listed:
  • Carlos Vargas Vasserot

    (Universidad de Almería, España.)

Abstract

This paper aims to analyze the effects produced by the recent legal amendment of Law 12/2013, which regulates different measures to improve the food chain in cooperatives as well as in other associative entities. Firstly, it will be developed the origin and evolution of the aforementioned Act. On top of that, it will be discussed the legal reform carried out by Law 16/2021, which among others, imposes the obligation of establishing individualized written food contracts for the deliveries made by their partners. Secondly, it is argued that due to the legal nature of the cooperative activity, the food chain law should not be applied at any point. Even so, this will also be underlined by taking into account the specific legal support cooperative activity has, such as its internal, corporate, non-profit, and non-commercial nature. Thirdly, the paper deal with the situation regarding this law that affects second and subsequentdegree cooperatives, agrarian transformation companies, capital companies majority-owned by cooperatives, as well as the study of the operations carried out under inter-cooperative agreements. Finally, a critical analysis is made of the provision that establishes the requirements for cooperatives and other associative entities to avoid the obligation to contractually articulate the deliveries of their members' products. Viable solutions or recommendations that these entities, statutorily or by social agreements should establish, will be discussed. To name just but a few examples, it will be developed the procedure for determining the value of the product delivered by its partners or the settlement schedule.

Suggested Citation

  • Carlos Vargas Vasserot, 2023. "Defensa y condiciones para la no aplicación de la ley de la cadena alimentaria a las entregas de productos de socios a las cooperativas (de primer y segundo grado), a otras entidades asociativas y a ," REVESCO: Revista de estudios cooperativos, Universidad Complutense de Madrid, Facultad de Ciencias Económicas y Empresariales, Escuela de Estudios Cooperativos, issue 143, pages 85558-85558.
    • Handle: RePEc:ucm:reveco:y:2023:i:143:p:e85558
    DOI: 10.5209/REVE.85558
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    More about this item

    Keywords

    Food chain; Agri-food cooperatives; Inter-cooperative agreements; Agricultural contracts; Cooperative activity; Cooperative act; Organization of producers; Agrarian transformation companies; Cooperative integration; Effective cost; Prices.;
    All these keywords.

    JEL classification:

    • P13 - Political Economy and Comparative Economic Systems - - Capitalist Economies - - - Cooperative Enterprises
    • P18 - Political Economy and Comparative Economic Systems - - Capitalist Economies - - - Energy; Environment
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K29 - Law and Economics - - Regulation and Business Law - - - Other

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