Rescission obliges the return of the things which were the objects of the contract, with their fruits and the price with interest; therefore it can only be carried into effect when the person who may have claimed it can return that which, on his part, he is bound to do.
Neither shall rescission take place when the things which are the object of the contract are legally in the possession of third persons who have not acted in bad faith.
In such case the indemnity for damages may be claimed from the person who caused the lesion.
History —Civil Code, 1930, § 1247.