THE CAPACITY TO CONTRACT OF COOPERATIVES – AN ATTEMPT OF DELIMITATION. COMMENTARY TO THE DECISION DELIVERED BY THE SUPREME COURT OF JUSTICE DATED 17/06/2021

Abstract

In this paper we comment on the position adopted by the Supreme Court of Justice, in the Judgment dated 17 June 2021, in which this court ruled, among other matters, on the issue concerning the delimitation of the capacity of cooperatives to contract, in order to decide on the validity of a promissory contract concluded between the parties in dispute. In our text we will attempt to set out what we consider to be the criteria for the delimitation of the cooperatives’ capacity to contract and to assess whether, by applying those criteria, we achieve the same results as the court did.