Short answer. No. The law draws a sharp line: ignorance of a judgment which may be revoked or set aside is not a valid ground for attacking a compromise. Because the judgment you describe could still be appealed or overturned, your own ignorance of it does not let you rescind the settlement.

What the law says

Ignorance of a judgment which may be revoked or set aside is not a valid ground for attacking a compromise

Civil Code, Article 2040 — Compromise Ignorant of a Final Judgment. Read the full provision →

The rescission rule only covers ignorance of a FINAL judgment

The provision's first sentence sets the rule that does allow rescission: if after a litigation has been decided by a final judgment, a compromise should be agreed upon, either or both parties being unaware of the existence of the final judgment, the compromise may be rescinded. That relief is tied specifically to a judgment that is already final — settled and no longer open to any change at all.

A judgment still open to appeal is treated differently

The second sentence draws the contrast that answers your question directly: ignorance of a judgment which may be revoked or set aside is not a valid ground for attacking a compromise. A judgment that could still be appealed or otherwise overturned is, by definition, one that may be revoked or set aside — and the rule expressly excludes ignorance of that kind of judgment as a basis to undo your settlement.

Why finality is the dividing line

The distinction turns on whether the earlier judgment was truly settled at the time of the compromise. A final judgment represents a fixed, no-longer-changeable outcome that a compromise could unknowingly conflict with or duplicate, which is exactly why the law lets genuinely ignorant parties out of that particular compromise. A judgment still subject to appeal has simply not yet reached that same settled state, so remaining unaware of it while compromising does not carry the same justification for allowing rescission.

What this means for your settlement

Because you describe a judgment that could still be appealed or otherwise overturned rather than one that was already final, your situation falls squarely under the second sentence, not the first. Not knowing about that particular judgment when you settled is, under this specific provision, not by itself a valid legal ground for attacking or undoing your compromise agreement now.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

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.