Limits to the right to join a cooperative versus the cooperative principle of voluntary and open membership
Abstract
This study analyzes the cooperative principle of «voluntary and open membership», also known as the open-door principle, and its effective application in the Spanish legal system. Specifically, it addresses various issues related to its practical application, such as voluntary cancellation, the variability of the capital stock, the possible existence of a maximum number of members or the justified causes for denying the entry of new members, and how they have been regulated by the legislator. The paper concludes with a comparative analysis of different types of cooperatives, showing that the principle of free membership is not applied with equal intensity in all of them, and that its effectiveness depends to a large extent on the specific statutory development of each entity.
Received: 02 May 2025
Accepted: 22 May 2025
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