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

Q.	An action pauliana is an action to rescind contracts in fraud of creditors. The following are its requisites, except:
A.	Plaintiff asking for rescission has a credit prior to the alienation although demandable later. (Panlilio v. Victoria, 35 Phil. 706)
B.	Debtor has made a subsequent contract conveying a patrimonial benefit to a third person.
C.	Creditor has no other legal remedy.
D.	The third person was not a party to the fraud.
Answer» D. The third person was not a party to the fraud.

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