Practice question
Coheirs expressly waive warranty in their partition. One knowingly conceals a superior adverse title to the parcel assigned to Lina, who is later evicted on that title. Can the concealing coheir rely solely on the waiver despite established bad faith?
- No; Article1096 does not give the stipulated waiver that protection in bad faith
- Yes; every waiver defeats fraud
- Yes; partition makes bad faith irrelevant
- Yes; only oral warranties survive
- Yes; Lina must bear every prior title defect
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1087–1096.
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