Facts
In 1974, [B.] ordered three prefabricated garages from the company Transbox S.A. to equip a plot of land he owns. Transbox S.A. ordered these garages from the company Stahlton Prebeton S.A., which manufactured them specifically for B. The garages were delivered and installed on B.'s property in 1975. However, Transbox S.A. never paid the invoice from Stahlton Prebeton S.A. and went bankrupt.
On September 26, 1975, the President of the District Civil Court of Vevey ordered the provisional registration of a contractor's legal mortgage on B.'s property in favor of Stahlton Prebeton S.A. The definitive registration was ordered on February 27, 1979.
[B.] appealed to the Federal Tribunal, requesting the rejection of the application for registration of the legal mortgage.
Considerations
The Federal Tribunal dismissed the appeal. It considered that the prefabricated garages, although they could be moved without being demolished, had become integral parts of B.'s property due to their weight and method of installation. They could not, therefore, be classified as movable constructions within the meaning of Art. 677 of the Swiss Civil Code.
Furthermore, the Federal Tribunal confirmed its case law according to which the subcontractor who has provided materials and specialized work for a building is entitled to the contractor's…