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Philippine Bar review · Question

Practice question: Waiver

Multiple Choice Easy

Practice question

Can two parties waive away an independent legally recognized right of a nonconsenting third person merely by signing their own release?
  1. Not on that basis; Article 6 limits waivers prejudicing such third-person rights.
  2. Yes, all releases bind the world without qualification.
  3. Yes, whenever both signatories are wealthy.
  4. Yes, if the third person has not yet read the document.
  5. Yes, because signatures repeal every protective law.

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 6 and1171.
  • https://lawphil.net/statutes/repacts/ra1992/ra_7394_1992.html — RA 7394, article106: prohibited exoneration clauses for the specified consumer damages.
  • https://lawphil.net/judjuris/juri2017/mar2017/gr_164749_2017.html — Abrogar v Cosmos Bottling, GR 164749, March 15 2017, main opinion: waiver and assumption-of-risk issues in the negligence setting.

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