Facts
Y. C. and C. G. are the children and sole heirs of the late M. C., who passed away on December 30, 1983. On June 20, 1984, they jointly acquired their mother's share of the condominium property on a plot in the land registry of X.
M. C. had inherited the entire property in 1976, on which a partially dilapidated and unequipped building was located. By notarial deed dated March 27, 1981, she had transferred half of the property into joint ownership with M. S., for the price of 26,000 francs.
Considering that their hereditary reserve had been infringed by the real estate transfer deed of March 27, 1981, Y. C. and C. G. filed an action against M. S. on December 28, 1984. By judgment of March 9, 1993, the Civil Court of the Cantonal Tribunal of the Canton of Vaud dismissed their action as far as it was admissible. However, it upheld the defendant's counterclaims and ordered the plaintiffs, jointly and severally, to pay the defendant 100,000 francs in reimbursement of the condominium fees and expenses paid in excess of his share, mainly the expenses incurred for the renovation of the building.
The plaintiffs appealed to the Federal Tribunal, seeking the admission of their actions and the dismissal of the defendant's liberating and counterclaims. The Federal Tribunal dismissed their appeals to the extent that they were admissible.
Considerations
The Cantonal Tribunal ordered the plaintiffs, under Art. 649(2) CC, to pay 100,000 francs to the defendant as a contribution to the condominium fees and expenses, including the expenses incurred for the renovation of the disputed building. It considered that the plaintiffs had raised the plea of prescription in vain: the actions of co-owners who have contributed to the common fees and expenses in excess of their shares are subject to the…