Philippine Bar review · Question

Practice question: Waiver

Multiple Choice Easy

Practice question

What does Article 1171 provide about an advance waiver of an action for future fraud?
  1. It is always valid if notarized.
  2. It is valid if the promisor pays a small fee.
  3. It binds every third person automatically.
  4. It becomes valid merely by being printed in capital letters.
  5. It is void.

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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