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ART. 1313. Creditors are protected in cases of contracts in- tended to defraud them. (n) Right of creditor to impugn contracts intended to defraud them.

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ART. 1313. Creditors are protected in cases of contracts in- tended to defraud them. (n) Right of creditor to impugn contracts intended to defraud them. Article 1313 is another qualification to the rule that contracts take effect only between the parties. The creditor, although he is not a party to the contract, is given the right to impugn the contracts of his debtor intended to defraud him (Art. 1177.), such as contracts undertaken by a debtor in fraud of his creditor without the knowledge of the latter. (see Art. 1381/3].) He can sue to rescind the contract to prevent fraud upon him. Right of creditor to enforce contracts of debtor with a third person. In some cases, the law gives a right of action to a creditor to enforce a contract entered into by his debtor with a third person. Thus:(1) Those who put their labor upon or furnish materials for a piece of work undertaken by the contractor have an action against the owner up to the amount owing from the latter to the contractor at the time the claim is made. (Art. 1729.) (2) The lessor may recover rent due from a sublessee since the sublessee is subsidiarily liable to the lessor for any rent due from the lessee. (Art. 1652.)

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