CONSORCIO REAL Y PROPIEDAD CONSORCIADA.

Abstract

The concept of the «community of interests» can be seen to be included in Spanish positive law. The community of interests is alluded to by article 394 of the Civil Code, which dictates against injuring «the interest of the community», and article 398 of the same code, which expressly recognizes the objectification of interests in alluding to interests «that constitute the object of the community». The last paragraph of article 398 refers to events where things comprise privately owned parts and common parts. There the definition of a community of interests of a consortial structure (consortium in rem) can be seen, which explains the legal nature of the vast majority of joint real property ownership arrangements, ranging from the simplest (such as vertical and horizontal party walls) to consortiums in rem of rural land and consortiums in rem referring to water and mining assets, to consortiums in rem concerning ownership interests in developments (which interests act in or are the result of land development processes).