Short answer. Yes. Article 1552 makes the judgment debtor liable for eviction in a judicial sale by default, exactly like an ordinary vendor. But that default rule can be displaced if the judgment under which the property was sold expressly decrees otherwise — in that case, the buyer takes the property without any warranty against eviction running against the judgment debtor.

What the law says

The judgment debtor is also responsible for eviction in judicial sales, unless it is otherwise decreed in the judgment.

Civil Code, Article 1552 — Eviction in Judicial Sales. Read the full provision →

The default rule

When property is sold through a court process — most commonly an execution sale to satisfy a judgment — the judgment debtor whose property was sold stands in roughly the same position as a private vendor for purposes of eviction. If a third party later proves a superior right and the buyer is evicted, the judgment debtor can, as a rule, be held answerable just as an ordinary seller would be.

How the judgment can change that

That default liability is not absolute. Article 1552 lets the judgment itself override the rule by expressly decreeing that the judgment debtor will not answer for eviction. Where a court order or decision spells this out, the exception controls, and a buyer at that sale cannot later invoke the ordinary warranty against the judgment debtor even if eviction eventually happens.

What a buyer should check before bidding

Because the exception depends entirely on the wording of the judgment authorizing the sale, a prospective buyer at a judicial or execution sale should read that judgment or order closely before bidding. A judgment that is silent on eviction leaves the default rule in place; one that expressly excludes eviction liability puts the buyer on notice that no such protection exists.

The practical effect of the exception

When the exception applies, the buyer effectively takes the property as-is with respect to title risk, much like a buyer who has expressly waived the warranty against eviction in an ordinary sale. That does not necessarily leave the buyer without any remedy at all — it simply removes the judgment debtor as a source of recovery, so the buyer must look elsewhere, if anywhere, for redress.

Why courts include such decrees

Courts sometimes include an express no-eviction-liability decree where the judgment debtor's remaining assets or interest in the outcome make ordinary warranty liability impractical, or where the sale price already reflects a discount for title uncertainty. Whatever the reason, the decree only works if it is actually written into the judgment — an unspoken assumption that the debtor won't be liable is not enough under this article.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.