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

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Review Question I: Effect and Application of Laws - Waiver of Rights (Civil Code, Art. 6)

In a land dispute case, a landowner, Mr. Santos, and a neighboring landowner, Ms. Perez, have been engaged in a legal battle for several years. After a lengthy court process, they both agreed to settle the dispute through mediation. During the mediation, Mr. Santos signed a document stating that he waives any right to claim ownership over a certain portion of his land, which is encroached upon by Ms. Perez's property. However, Mr. Santos now regrets his decision and wishes to pursue his claim once again.

Based on the given scenario and the provisions of the Civil Code, answer the following questions:

  1. Discuss the concept of waiver of rights as provided under Article 6 of the Civil Code.
  2. Can Mr. Santos still pursue his claim for ownership? Explain your answer.



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