Questione giuridica chiave
Whether the religious community B.________ was a simple partnership with an animus societatis
Decisione estratta
No. The members lacked a legal intention to bind themselves to a common purpose, so no simple partnership existed.
Motivazione estratta
Without a will to subordinate their legal position to a common purpose, the factual elements of Art. 530 OR are absent. The community was oriented toward C.________, who alone exercised control.