Short answer. No. After a contract is annulled, restitution runs both ways. Article 1402 says that as long as one party has not returned what the annulment requires him to give back, he cannot compel the other party to return what that other party owes. Neither side can demand restitution while withholding their own.
What the law says
As long as one of the contracting parties does not restore what in virtue of the decree of annulment he is bound to return, the other cannot be compelled to comply with what is incumbent upon him.
Civil Code, Article 1402 — Mutual Restitution Is Reciprocal. Read the full provision →
Annulment requires mutual restitution
When a court annuls a contract, the goal is to put both parties back where they were before they dealt with each other. That means each side must return what it received — the buyer gives back the thing, the seller gives back the price. This mutual giving-back is called restitution, and it is reciprocal by nature: one party's duty to restore is tied to the other's. Article 1402 protects that balance by refusing to let one party enjoy the return of what he gave while still clutching what he ought to hand back to the other.
You cannot demand while withholding
The rule is framed as a defence. As long as one of the contracting parties does not restore what in virtue of the decree of annulment he is bound to return, the other cannot be compelled to comply with what is incumbent upon him. In plain terms, if you sue to get back what you gave but have not offered to return what you received, the other side can point to your own default and resist. The law will not order a one-sided restitution that leaves one party fully restored and the other stripped of everything.
What this means in practice
The practical effect is that a party seeking restitution after annulment should be ready to give back what he holds at the same time. Courts commonly order the returns to happen together, so that neither party gains an unfair advantage from the unwinding of the contract. If you are on the receiving end of a demand, check whether the person demanding has restored, or stands ready to restore, what the decree requires of him. Until he does, you are within your rights to withhold your own performance and insist on a simultaneous exchange. The rule binds both sides equally — neither buyer nor seller can use it to keep what they received while clawing back what they gave — and it assumes each party still holds something returnable; where one can no longer restore the thing, the law turns instead to its value.