Question

Analyze the following scenarios and determine whether there has been a valid waiver of rights based on the provisions of Article 6 of the Civil Code:

Scenario 1:

Hector, a tenant, signed a lease agreement with his landlord, Sandra. The lease agreement clearly states that Hector waives his right to claim for any damages caused by natural disasters. A few months later, a strong typhoon strikes the area where Hector's rented apartment is located, causing extensive damage to the property. Can Hector still claim for damages despite the waiver?

Scenario 2:

Julia was involved in a car accident with James. Both parties decided to settle the matter outside of court. They signed a settlement agreement, which includes a clause where Julia waives her right to file any further legal actions related to the car accident against James. However, Julia later discovers that she sustained more serious injuries than initially thought. Can Julia still pursue legal action despite the waiver?

Scenario 3:

Michael borrowed a substantial amount of money from his friend, Alan, with the agreement that he would repay the loan in monthly installments over a period of two years. The lending agreement contains a provision where Michael waives his right to request for an extension or modification of the payment terms. However, due to financial difficulties, Michael finds it impossible to meet the agreed-upon installments and requests Alan for an extension. Can Michael request for an extension despite the waiver?

1. Identify the essential elements of a valid waiver of rights under Article 6 of the Civil Code.
2. Apply the provisions of Article 6 to each scenario and determine whether there has been a valid waiver of rights.