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Question
Elena, owner of Lot X, agrees to sell to Paolo. Before closing, Elena signs a written "Waiver of Right to Contest Title" stating: "I renounce any future claim to question, resist, or reconvey Lot X’s title on account of any latent defects now known or unknown." The waiver is attached to the deed of sale and recorded. After Paolo acquires Lot X, Neighbor Marco opens a parallel claim asserting an easement over Lot X based on a latent right of way that Elena allegedly knew about but did not disclose. Questions: (a) Identify the controlling doctrine on waivers of rights under the Civil Code, Art. 6, and explain its core elements. (b) Distinguish whether Elena’s waiver is binding between Elena and Paolo, or also binding upon Marco, a third party with a claim to the land. (c) Apply the doctrine to the facts: is Elena’s waiver effective against Marco? What are the implications for Paolo and Marco given land-title interests and public policy considerations?