Cooperation in Peru has changed since pre-Inca cultures to this day, bound and conditioned by the different stages of our historical development. During the time of pre-Columbian Peru estava its economy supported by a largely agrarian activity, collective-prone land, various forms of community service and production oriented meeting the needs of the population. The Inca empire up and improve the institutions and customs of earlier cultures and especially the AYLLU, an organization that came to constitute the basic unit of political structure and productive. The English conquest and the imposition of the allotments, parcels, land grant, reductions, primogeniture, etc., meant the destruction of Inca civilization. These mechanisms of exploitation and greed for the gold of the Conquistadors, determined that a subsistence agrarian economy that was based on mutual aid and disrupt an economy-oriented mining production for export. While it is true that the conquest destroyed the spirit and tradition of mutual aid and collective work, was a latent sense of community of property, expression yet still survives, thanks to the "Ordinances of Toledo" (issued in the government of Viceroy Toledo from 1568 to 1981) that created the bias, the same that led to the indigenous communities, peasant communities today.
is late nineteenth century and the second decade of the twentieth century Peruvian cooperatives emerge first in the incipient labor movement with the traditional mutuality, becoming the first current cooperative in Peru.
The twentieth century began with the issuance of various legal provisions were contained in the Commercial Code of 1902, but these provisions do not translate into actual existence of cooperatives, as it would take 17 years, so that in Arequipa be formed the first cooperative in the country, the Consumer Cooperative Employees and Workers of the Southern Railway.
The second stream was purely cooperative cooperative, part of the conception of the Cooperative Republic of Charles Gide in Europe and coincides with the Oncenio (1919 - 1930) in that the country was struggling to characterize Peruvian society among Peruvians and Indian, standing between them indigenous and socialist thinking of Hildebrand Castro Pozo, known for its cooperative ideas contrary to the conception of Charles Gide.
In 1931 comes the third power of the cooperative movement, linked to industrial action and political party, which in turn inspired estubo the three pillars of the Belgian Workers' Party (POB). Appear cooperatives organized by unions linked to APRA, until 1933 when the Constitution was enacted.
Later, between the years 1941 - 1950 are held a series of laws pertaining to cooperatives during this period were about 10 cooperatives unspecified type. It is in the mid 50's that the cooperative movement is taking off.
In 1955 recorded a total of 42 cooperative distributed among credit unions, agricultural, consumer, housing and services, being the Cooperative consumption had the strongest growth, 57.1% of the total, followed by housing and agricultural credit. In 1959 he started the "religious movement" that emerged following the encyclical Rerum Novarum and ibid., which led the Peruvian bishops to give their signature and support the formation of credit unions at the parish, whose promotion had been initiated by the action Priest Daniel Mc Lleclan the Maryknoll Congregation and the work of its expert Cuna Mutual by Arroyo José Riestra. So at the end of 1964 counted 571 organizations divided among cooperative organizations. This year
establishing the National Cooperative Development Office, a state agency on the basis of temporary and will be held the following year the National Institute of Cooperatives. At the end of 1964 (December 14) is issued the General Law of Cooperatives Law No. 1526 statute that ordered organically and systematically different and scattered existing provisions cooperative and marks the beginning of a growing concern of the State the Cooperatives, enabling the adoption of a more dynamic development, promotion and protection of cooperatives. With the momentum of the state sector, the church and the textile union, the cooperative movement, especially the urban service, strengthens coming 4 years later (1968) to 1.181 accounted organizations distributed.
At this stage (1969 - 1979) was issued a new agrarian reform law in place prior to 1964, which meant for a tremendous boost agricultural cooperation and a new side, the production crearce agricultural cooperatives in which the means of production are owned and controlled of their workers. From the cooperative perspective the legal merits of this increase is that making the cooperative model as a fundamental choice to change the unjust system of tenure, property and existing land use in rural areas.
06 December 1992, the Peruvian government dictate the Legislative Decree No. 25 879 which dissolves and liquid (INCOOP) and repealing Title V of the General Law of Cooperatives (DS 074-90-TR) and regulations not repealed by this law still in effect. In Article 5 of Decree 25879 provides that the control, supervision and control of Credit Unions is transferred to the Superintendency of Banking and Insurance (SBS) through FENACREP Cooperatives and the rest of the National Supervisory Commission for Companies and Securities (CONASEV). Today we no longer have their supervision and financial cooperatives to provide information INEI (statistics).
That the General Law on Cooperatives, enacted today is the quality of basic legal instrument for promoting the Cooperative referred to in Article 48 of the Constitution of the State.
That the timing of the enactment of the new law allows to foresee the possibilities of its successful application to regions where there are still more generous in their expressions, ancestral habits of cooperation and mutual assistance were essential for the greatness of Pre-Columbian Peru.
That, therefore, this date must be specially held in the future, not only to remember the giving of the rule of law that the National Cooperative Movement called repeatedly for more than twenty years, but because it is necessary that, during this ephemeris put emphasis on the importance of the Cooperative, according to the explicit declaration of the law passed, is "an effective system to contribute to economic development, strengthening democracy and the realization of social justice."
DECREES:
unify the functions
INCOOP 14/12/1964
18260
Law Promote cooperatives in areas of less developed and linked to land reform actions. Stimulate the economy using the basis of the Coop. Services.
a) promoting and supporting b) control and partnership in determining state policy cooperatives.
legal Personaría public law and administrative and financial autonomy. Attached to the ministry of labor. Superior Council.
Executive Committee. Director General.
ONDECOOP
1969 DL 17713
Promoting the development of cooperatives. Training, guidance and coordinate .. promotion, organization population.
Promotion, coordination and planning.
SINAMOS
ONAMS Nationally, ORAMS regional, zonal level OZAMS, equipment to promote popular participation at local level.
COOPERATIVE LAW BASICS
In the legal sciences from sources known to those means by which states the right. From a very general point of view, we can consider two kinds of sources: formal and material, these are the generations of legal norms, other channels of expression. Specifically
A science that deals with the development and application of law is the legal technique. Well according to the Legal Technical Cooperative, three kinds of normative systems: Ley General, Organic and Cooperative Code. The first aims simply to lay the foundations for systematic cooperative legislation. The second, the systematization of legislation. The third gathering, according to a methodical plan, legal rules, subjects and institutions of the cooperative law.
The current status of cooperative legislation is the constitute a general rule, that in accordance with operating requirements of different cooperatives. The formulation of an organic law is the immediate aspiration that we understand everything in one way or another participated in the conduct of the Cooperative.
DOCTRINE AS A SOURCE OF LAW COOPERATIVE
Considering the doctrine as a source of law, the transfer takes a particular aspect in the field of cooperative law. Indeed, if we start from the premise that "doctrine" is the study of the legal profession on matters of cooperative law and institutions, as a discipline in training, you have to go to the theory of cooperation (cooperative doctrine) to tell us lights on the road (1). In his acceptance
generic "doctrine" is the opinion of one or more authors in any field (2), therefore, be cooperative doctrine, the theory supported by several writers regarding the Cooperatives.
However, here is no need to distinguish conceptually what is typically used in language or literature of cooperative teaching, "his" doctrine or "their" cooperatives, to the position of a thinker. On the other hand, the doctrine of law, as stated, is but the theory of certain materials and legal institutions.
Consequently, cooperative teaching and cooperative law doctrine stored on different meanings, but not indifferent, then, is the knowledge that social, economic and philosophical Cooperative, (3) on the other hand, is the legal knowledge of the Cooperative . Yet to be complementary, as we have seen, when one relates to the other, will conform with the content or object of study of cooperative law.
The 1979 Constitution
The 1979 constitution did not give priority to cooperatives but ....." encouragement and protection to the development of self-managed, community, and other forms of association ", while simultaneously expressing that "The State promotes and protects the free development of Cooperatives and the autonomy of the cooperative enterprise" (art. 116). This means that while the former are encouraged and protected as companies, to cooperatives only left the promotion and protection of their autonomy and self-development. It was an important step, but gave priority to self-managed enterprises such as Social Owned Enterprises and Societies Agricultural Social Interest.
The 1993 Constitution
The New Constitution not only establishes that the economy is plural (mixed) but also explicitly recognizes the coexistence of diverse forms of ownership and companies (art.60).
The new Peruvian Constitution incorporates two fundamental concepts related to genuine cooperative development. Not only cooperative but the country itself.
The Article 17 of the Constitution, in the few cases where it accepts the formula subsidies contemplated which may provide for all private forms of education, specifically including community education and cooperative.
The Article 194 of the Constitution states: "The municipalities can partner or enter into cooperative agreements including the implementation of works and provision of common services."
General Law of Cooperatives
General Cooperative Law No. 15,260 was issued in Peru on December 14, 1964 in the first government of Fernando Belaunde Terry Architect. Having seen some main lines of the first draft which was then approved and promulgated by Legislative Decree No. 085 in the second government of Fernando Belaunde Terry (1981) and is currently contained in the Amended Text approved by Decree Supremo N º 074-90-TR of July 1, 1991.
LIQUIDATION OF NATIONAL INSTITUTE OF COOPERATIVE (INCOOP).
06 December 1992, the Peruvian government dictate the Legislative Decree No. 25 879 which dissolves and liquid (INCOOP) and repealing Title V of the General Law of Cooperatives (DS 074-90-TR) and the regulations not repealed by this law still in effect. In Article 5 of Decree 25879 provides that the control, supervision and monitoring of Credit Unions is transferred to the Superintendency of Banking and Insurance (SBS) and the rest of Cooperatives to the National Supervisory Commission for Companies and Securities ( CONASEV), so the SBS and CONASEV only replaced the former comptroller function INCOOP.
In June 1999, SBS Resolution No. 0540-99 approving the new regulations of savings and credit cooperatives are not allowed to operate with resources from the public.
ASSOCIATION LEGAL AND REGULATORY OVERSIGHT OF COOPERATIVES
COOPERATIVES (Fundamentals - History - Doctrine)
Editora Cooperativa Ltda. INTER
Authors: Alicia Kaplan
Drimer: Doctor of Law and Social Sciences
Bernando Drimer: Doctor of Economic Sciences.
1981-ACI RAINBOW AMERICAS
2.000
LEGAL REGIME OF THE COOPERATIVE MOVEMENT
Author: Santiago Osorio Arrascue. 1982
COOPERATIVE ALTERNATIVE MODEL
Carlos Torres y Torres Lara
1983
COOPERATIVE: THEORY AND PRACTICE Cesar E.
R. Rodríguez 1984
SITUATIONAL DIAGNOSIS OF COOPERATIVE MOVEMENT IN PERU
Peruvian Institute for Cooperative Studies - IPEC
Wester Humberto Leon. Ramon Dominguez
Torrejón. Maria Luz del Aguila
Tello.
1981 Diario Oficial "El Peruano" (Legal Standards).
www.alianzaaci.or.cr
www.colac.com.
www.woccu.org
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