Philippine Bar review · Question

Practice question: Waiver

Multiple Choice Easy

Practice question

Under Civil Code Article 6, which is a limit on waiver?
  1. No right can ever be waived.
  2. Every signed waiver overrides every law.
  3. Only the paper’s color matters.
  4. A waiver must not be contrary to law, public order, public policy, morals, or good customs, or prejudice a third person’s legally recognized right.
  5. All third persons lose rights whenever two others sign.

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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