Facts
The dispute opposes H.X. and F.X. (the appellants) to A., B. SA and C. SA (the respondents). The appellants filed a civil appeal against the judgment of the Civil Court that dismissed their claim for damages.
The appellants and the Z. couple had conceived a joint project to acquire a plot of land and have a house with two apartments built on it, one for each couple. They jointly concluded the sale promise and the land purchase contract, and also mandated the respondents to study and carry out the construction. The costs were shared between the two couples.
The Civil Court considered that the appellants and the Z. couple formed a simple partnership within the meaning of Art. 530 para. 1 CO. Consequently, it denied the appellants the standing to act alone against the respondents.
Considerations
The Federal Tribunal confirms the existence of a simple partnership between the two couples. According to Art. 544 para. 1 CO, the claims of the simple partnership, including any claims for damages, belong jointly to all the partners. They form a necessary consortium and must act…