Waiver of Rights

A right is a power or privilege given by one person and can be demanded of another as a rule. Rights may be waived except if the waiver is contrary to law, morals, good customs, public order, public policy or if the waiver prejudices against the legal right of a third person. The waiver can be intentional, voluntary or gleaned from the conduct of the person waiving the right.

For a right to be validly waived, the following must be present:

1.) The person waiving has the capacity to waive his rights

2.) The waiver must be clear but not necessarily express

3.) The person waiving must actually have the right he is renouncing

4.) It must comply with the formalities of a donation in certain instances

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

6.) Other people with rights recognized by law must not suffer prejudice because of the waiver (ex. the right of a creditor to collect can't be defeated by the debtor when he sells property that he mortgaged.)

There are also rights that can't be waived. They are the following:

1.) Natural rights (ex. right to life)

2.) Alleged rights which don't really exists (ex. future inheritance)

3.) Renunciations contrary to public policy

4.) If the waiver is prejudicial to the legal right of another person (ex. a debtor waiving his inheritance)

5.)