Integração de lacunas do Código Cooperativo-paradoxo ou o futuro do direito cooperativo português?
Abstract
The present article, starting from the cooperative legal regime of the civil liability of the board members towards the cooperative, seeks to test the substantial autonomy of cooperative law in relation to corporate law. The Portuguese Cooperative Code determines that the Commercial Companies Code and the provisions of public limited companies is subsidiarily applicable law to cooperatives, provided that it is in conformity with the cooperative principles. The article concludes that conformity with the cooperative principles is not in itself sufficient to stop the societarisation of Portuguese cooperative law and that the subsidiary application of the law of public limited companies, particularly in matters of governance, exposes cooperatives to normative solutions which are not decided by the cooperative lawmaker.
Received: 5 May 2023
Accepted: 9 June 2023
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