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Question
Marina, owner of Lot W, signs a written "Waiver of Right to Contest Title" attached to the deed of sale to Carlo, stating: "I renounce any future claim to reconvey Lot W’s title based on latent defects known to me as of today." The waiver is notarized and recorded in the Registry of Deeds. Carlo later transfers Lot W to Dara. Years later, Emilio, a neighboring landowner, asserts a latent easement over Lot W based on a right of way that Marina allegedly knew about but did not disclose. (a) Identify the controlling doctrine on waivers of rights under the Civil Code, Art. 6, and explain its core elements. (b) Is the waiver binding only between Marina and Carlo, or also binding upon Dara and Emilio (third parties)? (c) Apply the doctrine to the facts: is Marina’s waiver effective against Emilio? What are the implications for Carlo and Dara given land-title and public policy considerations?