Q. An action pauliana is an action to rescind contracts in fraud of creditors. The following are its requisites, except: (Solved)

1. Plaintiff asking for rescission has a credit prior to the alienation although demandable later. (Panlilio v. Victoria, 35 Phil. 706)

2. Debtor has made a subsequent contract conveying a patrimonial benefit to a third person.

3. Creditor has no other legal remedy.

4. The third person was not a party to the frau