Question
according to Art. 1171 of the Civil Code of the Philippines, Responsibility arising from fraud is demandable in all obligations. Any waiver of an action
according to Art. 1171 of the Civil Code of the Philippines, "Responsibility arising from fraud is demandable in all obligations. Any waiver of an action for future fraud is void." This is the general rule, but there is an exemption that a waiver of action for past fraud is valid.
A past fraud can be subject of a valid waiver because the waiver can be considered as an act of generosity and magnanimity on the part of the party who is the victim of the fraud. Here, what is renounced is the effect of the fraud, that is, the right to indemnity of the party entitled thereto. The waiver must be expressed in clear language which leaves no doubt as to the intention of the obligee to give up his right against obligor.
QUESTION:
How do you draft a waiver of action for past fraud? Can you please give me an example of a waiver of action for past fraud?
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