LEGAL QUALIFICATION OF THE DELIVERY OF FUNDS MADE BY THE PARTNER TO THE AGRARIAN COOPERATIVE: AN ANALYSIS FOR THE PURPOSE OF THE SENTENCE OF THE PROVINCIAL AUDIENCE OF BURGOS (SECTION 2), No 141/2016 31 TH OF MARCH

Abstract

The present decission tries to determine who is competent to hear this contentious issue: the Court of First Instance or the Commercial Court. In order to establish this competence it is analyzed if the delivery of funds that the partner makes to
the cooperative can be described as simple sale and if we are before a corporate action. If we reach the first of the conclusions, the Court of First Instance would be competent, but if, as this decission does, after analyzing the concept, nature and
legal regime of the cooperative activity, we can to the conclusion that the delivery of funds constitutes the participation of the cooperative In the cooperative activity, the jurisdiction corresponds to the Commercial Court.