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Participants

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  • Registered groups in the Register of Research Structures of the Universitat de València - (REIUV)

Sustainable Commercial Law - MERCASOST

Reference of the Group:

GIUV2026-004

 
Description of research activity:
We are facing an unprecedented transformation of business corporations, which must confront new challenges. The traditional profit motive upon which any business corporation is based is now complemented by the principle of sustainability, understood as the impact of the corporation's activities on the environment in which it operates. This transcends the paradigm of sustainability not only in terms of the corporation's solvency or viability, but also elevates it to the guiding principle upon which respect for human rights, the environment, and corporate governance (ESG) rests. Commercial contracting has also undergone significant changes. Thus, from a financing perspective, credit institutions have implemented the Equator Principles and the Principles for Responsible Banking in their lending practices. The former focus on assessing environmental and social risks in financing projects, while the latter align the credit institution's strategy with the United Nations Sustainable Development Goals and the Paris Agreement on climate change, adopted on December 12, 2015, and in force since 2016. Insurance contracts have also undergone significant changes. The United Nations Conference...We are facing an unprecedented transformation of business corporations, which must confront new challenges. The traditional profit motive upon which any business corporation is based is now complemented by the principle of sustainability, understood as the impact of the corporation's activities on the environment in which it operates. This transcends the paradigm of sustainability not only in terms of the corporation's solvency or viability, but also elevates it to the guiding principle upon which respect for human rights, the environment, and corporate governance (ESG) rests. Commercial contracting has also undergone significant changes. Thus, from a financing perspective, credit institutions have implemented the Equator Principles and the Principles for Responsible Banking in their lending practices. The former focus on assessing environmental and social risks in financing projects, while the latter align the credit institution's strategy with the United Nations Sustainable Development Goals and the Paris Agreement on climate change, adopted on December 12, 2015, and in force since 2016. Insurance contracts have also undergone significant changes. The United Nations Conference on Sustainable Development (Rio+20) established principles within the United Nations Environment Programme Finance Initiative, which aims to address environmental, social, and governance (ESG) risks and opportunities. Furthermore, supply contracts must be aligned with new standards in light of Directive (EU) 2024/1760 of the European Parliament and of the Council of 13 June 2024 on business due diligence in the field of sustainability and amending Directive (EU) 2019/1937 and Regulation (EU) 2023/2859. This applies particularly to a company's supply chain related to the production of goods or the provision of services, including the design, extraction, sourcing, manufacturing, transport, storage, and supply of raw materials, products, or parts of products, and the development of the product or service. However, this entire process has been overshadowed by the "Stop the Clock" Directive, which has highlighted the restructuring of the European strategy for the transition to sustainability. This situation has a direct impact on commercial companies and commercial contracts. The reporting of information, contractual clauses, the corporate purpose and social interest, the objective of the shareholders, the protection of stakeholders, compliance with the United Nations Sustainable Development Goals, the objectives on carbon footprint, compliance and respect for Human Rights, the fight against corruption, require a reformulation of such a magnitude that it modifies the behavior of commercial companies as we have referred to.
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Web:

No determinada

 
Scientific-technical goals:
  • Determine the degree of coercibility of Sustainability in European companies.
  • Determine who should have the CSR competence in commercial companies.
  • Clearly determine the due diligence obligations of the administrative body of commercial companies and their European configuration.
  • Determine methods that prevent the greenwashing or image washing of companies.
  • Set clear criteria for the verification of information on sustainability, so that the degree of implementation is through quality and reliable data. Clarification of qualitative and quantitative data.
  • Establish specific criteria for the supervision of the value chain.
  • Determine a safe time frame that creates legal certainty in the European framework.
  • Resolve the degree of involvement of SMEs in matters of sustainability.
  • Reformulate, if necessary, the EU's sustainability values.
  • Analyze the EU's social, environmental and governance situation.
 
Research lines:
  • Sustainability Regulation.The voluntary and/or mandatory nature of CSR is analyzed, as well as its promotion through nudging by the European Union.
  • Impact of Sustainability on commercial companies.Sustainability reports and greenwashing
  • Assurance of non-financial information.Verification of non-financial information is a central element that gives credibility to the system.
  • Extra-community effects of Sustainability.The value chain
 
Group members:
Name Nature of participation Entity Description
FRANCISCO JAVIER VERCHER MOLLDirectorUniversitat de València
Research team
PABLO TORTAJADA CHARDIMemberUniversitat de València
IRENE CORDOBA MOCHALESMemberUniversitat de València
MARÍA JESÚS BLANCO SÁNCHEZCollaboratorUniversidad Pablo de Olavide (Sevilla)Tenured university professor
BEATRIZ FONTICIELLA HERNÁNDEZCollaboratorUniversidad de las Palmas de Gran CanariaPermanent faculty
FRANCISCO JESÚS MORENO BUENDÍACollaboratorUniversidad de SevillaFull-time trainee professor (doctor)
MARÍA SALOMÉ LORENZO CAMACHOCollaboratorUniversidad de SevillaPermanent faculty
PATRICIA CIFREDO ORTIZCollaboratorUniversidad de SevillaFull-time trainee professor (doctor)
 
CNAE:
  • -
  • Higher education
 
Associated structure:
  • University Institute of Patrimonial Law