Análisis de la evolución del marco estatutario en la cooperativas del Grupo Mondragón (en especial Caja Laboral Popular). (Analisys of the development of the framework, of by-laws of the co-operatives in the Mondragón Group, with particular emphasis on Caja Laboral Popular)

This doctoral thesis is a legal study of the framework of corporate by-laws of co-operatives in the Mondragón Group, using one of the most important cooperatives in the Group, the Caja Laboral Popular savings bank, as a model. The thesis attempts to distinguish when a certain wording is used out of legal necessity and when it is the result of a corporate will.

To look at this development we must remember that for the purpose of this "experiment", legal formulas are placed at the service of organisational purposes, and not vice versa.

This marks the whole of the study, as it means that we must not be content with merely analysing the by-laws, in the application of which there may be more or less "nuances", but we must also look at internal regulations, minutes of assemblies and boards of directors, when relevant, as well as documents written by the founders, framework papers and other documents which set down lines of action.

In order to establish general principles we must place this experiment in the historical, legal and economic setting in which the Mondragón Group began.

All these points have been considered in determining the methods to be used.

After initially searching through existing bibliographical material in the libraries of the University of Deusto, the Bar Association of Vizcaya, the Provincial Council of Vizcaya and the Bilbao Chamber of Commerce, Industry and Shipping, the authors also visited Registers of Co-operatives of the Basque Government and the Ministry of Labour and Social Security.

After studying general documents on Mondragón and the by-laws of Caja Laboral Popular and their adaptations and modifications, the authors went to the cradle of the Basque co-operative movement itself.

At Otalora, the group"s centre for studies and training, the authors were allowed access to a great number of publications, articles, doctoral theses (mainly foreign theses of a non juridical nature) and notes, as well as to internal documents.

They were also helped by the savings bank itself, which sent documents including minutes of the General Assembly and Governing Council and drafts, explanatory reports and final texts of the by-laws, regulations and Contract of Association.

Finally, the authors were able to discuss their doubts with one of the founders: Mr. José María Ormaechea.

This work is structured in four chapters. The first is dedicated to establishing the historical and legal background in which Caja Laboral Popular was founded within the Mondragón co-operative movement. Each of the remaining chapters studies one of the three sets of corporate by-laws of the company and the regulations under which they were developed, starting with an explanation of the legal framework in which they were passed.

The main conclusion drawn from this study is the confirmation of the fact that social and economic interests are given primacy over legal interests in two ways:

- creation of new structures, forms and institutions to solve existing problems, developing general principles established by the group;

- a lack at times of strict adherence to the regulations in force