Philippine Bar review · Question

Practice question: Waiver

Multiple Choice Medium

Practice question

A private agreement calls a prohibited waiver voluntary. It is established that the waiver is contrary to a mandatory law. Can the word voluntary alone overcome Article 6's limitation?
  1. Yes, because consent always overrides every law.
  2. Yes, if both parties use capital letters.
  3. Yes, if the waiver is expensive.
  4. No, because Article 6 forbids every waiver.
  5. No. Voluntary wording does not remove the contrary-to-law limitation.

Legal references

  • Civil Code Article6; https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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