Eviction shall take place when by a final judgment, and by virtue of a right prior to the sale, the vendee is deprived of the whole or of a part of the thing purchased.
The vendor shall be liable for the eviction even though no stipulation has been included in the contract on the subject.
The contracting parties may, however, increase, decrease, or suppress this legal obligation of the vendor.
History —Civil Code, 1930, § 1364.