Text of the provision
Art. 1557. The warranty cannot be enforced until a final judgment has been rendered, whereby the vendee loses the thing acquired or a part thereof.
(1480)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The warranty against eviction cannot be enforced until a final judgment deprives the buyer of the thing or part of it.
The warranty against eviction protects the buyer against the loss of the thing purchased, but it does not become enforceable merely because a third party asserts a better right or because litigation over the property is pending. A final judgment — one no longer subject to appeal — depriving the buyer of the thing or a part of it must first exist, since only that kind of definitive ruling establishes that the buyer has actually suffered the loss the warranty is meant to cover.
Questions about this provision
- A court awarded the property I bought to someone else — exactly what can I claim from the seller?
- Can I enforce the seller's warranty against eviction before a final judgment has been rendered declaring that I lost the property?
- When exactly can I enforce the warranty against eviction, before or after I lose the case?
Related provisions
- Article 1556 — Partial Eviction.
- Article 1558 — Vendor Must Be Summoned.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.