Facts
The case concerns an action for the reduction of two real estate donations made by Joseph F. to his daughter Simone T., with express dispensation from collation. The descendants of Joseph F. have brought an action against Simone T. in order to have the two donations declared subject to reduction to the extent necessary to reconstitute their reserved share.
The Civil Court of the Cantonal Tribunal of the Canton of Vaud has ruled that the two donations are subject to reduction. Simone T. has appealed for reform to the Federal Tribunal.
Considerations
The Federal Tribunal has partially upheld the appeal. It considered that the 1949 donation of a chalet and mountain land, requiring significant renovation work, does not fall under the scope of Art. 527 para. 1 CC, as it did not create, secure, or even improve the establishment of the donee in existence.
However, the 1969 donation of a plot with buildings, with an initial value of 39,000…