Rescission, which involves the right of the creditor to attack or impugn by means of rescissory action any act of the debtor which is in fraud and to the prejudice of his rights as creditor provided: The debt is due and demandable, There is a failure of the debtor to collect his own debt from 3rd persons either through malice or negligence, The debtor's assets are insufficient, The debtor has performed an act subsequent to the contract, giving advantage to other persons