Art. 6 Chapter I of the Civil Code of the Philippines

ART.6. Rights may be waived, unless the waiver is contrary to law, public order policy, morals, or good customs, or prejudicial to a third person with a right recognized by law.

 

 

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DISCUSSION:

1. Rules for the Waiver of Rights

              General rule- Rights may be waived

(a)  When the waiver is contrary to law, public order, public policy, morals, or good customs.

(b)  When the waiver is prejudicial to a third person with a right recognized by law.

2. Definitions

  (a) Right-the power or privilege given to one person and as a rule demandable of another    as the right to recover a debt justly due.

  Rights may be:

1)     real rights (jus in re, jus in rem)-enforceable against the whole world (absolute rights);

2)     Personal rights (jus in personam, jus ad rem)-enforceable against a particular.

Individual (relative rights).

 

                 (b)Waiver-the intentional or voluntary relinquishment of a known right or such conduct as warrants an inference of the relinquishment of such right.    

3. Requisites for a Valid Waiver

              (a) The person waiving must be capacitated to make the waiver.

              (b) The waiver must be made clearly, but not necessarily express.

  (c) The person waiving must actually have the right which he is renouncing; otherwise he                    will not renouncing anything.

  (d) In certain instances the waiver, as in the express remission of a debt owed in favor of                       the waiver, must comply with the formalities of a donation.

  (e) The waiver must be not contrary to law, morals, public policy, public order, or good                        customs. 

  (f) The waiver must not prejudice others with a right recognized by law.