Short answer. Yes. Under Article 1552 of the Civil Code, the judgment debtor is liable for eviction in a judicial execution sale, just as a regular seller would be. The only exception is when the court's judgment itself decrees otherwise — absent such a decree, liability attaches to the 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 →
Eviction in ordinary sales and its extension to execution sales
In an ordinary sale, the seller is obligated to defend and protect the buyer's possession if a third party asserts a better right over the property sold. If the buyer loses the property to that third party's superior title, the seller is liable for eviction — meaning the seller must reimburse the buyer and may owe additional damages. Article 1552 extends this same warranty to judicial execution sales. The judgment debtor, whose property was levied and sold to satisfy a money judgment, occupies the position of a seller and bears the corresponding warranty obligation to the buyer at the execution sale.
The judgment debtor's liability
Article 1552 states that the judgment debtor is also responsible for eviction in judicial sales. This means that if the buyer at the execution sale is later evicted — that is, deprived of the property by a final judgment in favor of a third party whose title is superior — the buyer can look to the judgment debtor for redress. The debtor is not excused from this liability merely because the sale was compelled by court process rather than voluntarily entered into. The forced character of the sale does not eliminate the debtor's responsibility for the title integrity of what was sold.
The exception: when the judgment decrees otherwise
Article 1552 provides one escape valve: liability for eviction may be excluded if the judgment itself decrees otherwise. A court that is aware of a title defect or a competing claim over the property may, in appropriate circumstances, specify in its judgment that the buyer at the execution sale takes the property without the debtor's warranty. In such cases the buyer is put on notice and assumes the risk of eviction as a condition of the purchase. The burden of showing that the court made such a decree falls on the debtor who seeks to avoid the liability.
Practical considerations for buyers at execution sales
A person buying property at an execution sale should investigate the title before bidding. Even though Article 1552 gives the buyer a claim against the judgment debtor for eviction, that claim is only as good as the debtor's ability to satisfy it — a judgment debtor who has already had property levied may have limited assets to answer for further liability. Examining the title, checking for encumbrances and adverse claims, and understanding the scope of the judgment are prudent steps. Article 1552 provides a legal remedy, but advance diligence is far more reliable than after-the-fact litigation against a debtor of uncertain means.