CONDOMINIO VERSUS SOCIEDAD. EL ÁNIMO DE LUCRO EN LAS COMUNIDADES DE BIENES.

Abstract

The case at issue in the ruling by the Provincial Appellate Court of Madrid addresses the classic distinction between a joint ownership arrangement and a partnership arrangement. The ruling lays special stress on the «for-profit» feature as one that makes a difference between the two concepts. The authors cannot share this stance, because such a portrayal involves a view of the traditional problem that is not only blinkered, but actually contrary to the possibilities that new concepts such as communis incidents are opening up in transactions, plus the fact that for-profit motivation is becoming outdated as something consubstantial with partnership agreements.