Article 308 of Civil Code

1 - Every creditor, even if his right is not due for payment, may exercise in his debtor's name that debtor's pecuniary rights, except those strictly personal to him or not subject to attachment, if he proves that the debtor has not exercised those rights and that his failure to exercise them is liable to cause or increase his insolvency. 2 - The creditor's exercise of his debtor's rights does not require formal notice of default to that debtor, but if an action is brought in his name, he must be joined therein; otherwise, it shall be inadmissible.