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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSE. Waiver of Rights (Civil Code, Art. 6)

Question

EFFECT AND APPLICATION OF LAWS
Topic: E. Waiver of Rights (Civil Code, Art. 6)

Mr. Rodriguez is a tenant who has been living in an apartment for several years. However, the landlord, Mrs. Gomez, wants to sell the property and terminate the tenancy agreement. In an attempt to negotiate with Mr. Rodriguez, Mrs. Gomez offers him a significant amount of money in exchange for his agreement to waive his right to be evicted and vacate the premises within two weeks.

Discuss the validity and enforceability of the waiver of rights agreement entered into by Mr. Rodriguez and Mrs. Gomez. Consider the provisions of the Civil Code, particularly Article 6, which states:

"Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law."

Explain whether the waiver of rights is valid in this scenario and whether it can be enforced by the parties involved. Provide legal justification to support your answer.




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