THE QUESTION OF LEGAL SUBJECTIVITY OF A COOPERATIVE FOUNDER
THE QUESTION OF LEGAL SUBJECTIVITY OF A COOPERATIVE FOUNDER

Summary/Abstract: The current aspiration towards development and improvement of the cooperative sector in Serbia, observed in the context of modern business conditions and imperative market demands regarding the establishment of sustainable development of business entities, provides at the same time an opportunity to evaluate the legislative solutions within this area. The paper shall first, through observing the elements of the cooperative identity, determine the general features of a cooperative and its importance in the modern economic environment, and then, by analyzing the legal regulations of Serbia, Croatia, Bosnia and Herzegovina and Montenegro, using a comparative method, it shall critically enlighten our legal regulation as it pertains to the regulation of the establishment of cooperatives with an emphasis on the question of legal subjectivity of a cooperative founder. It is the aim of the research in this paper to: 1) examine whether the answer to the question of legal subjectivity of the cooperative founder as envisioned by our legislation, observed in the context of modern market conditions, contributes to the sustainable development of the cooperative and to the improvement of its economic potential, and 2) to propose de lege ferenda solutions that would create a more stimulating legislative framework within the area regulating the question of legal subjectivity of a cooperative founder.

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