Development of equity in the Malaysian legal system
This chapter traces the historical development of the Malaysian legal system in brief with the intention to shed light on how the rules of equity developed in the UK was gradually introduced and thereby become part and parcel of the contemporary legal system of Malaysia. Accordingly, it specifically...
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| Main Authors: | , , |
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| Format: | Book Chapter |
| Language: | English |
| Published: |
Sweet & Maxwell, Thomson Reuters
2022
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/103928/2/103928_Development%20of%20Equity%20in%20the%20Malaysian%20Legal%20System.pdf http://irep.iium.edu.my/103928/ http://www.sweetandmaxwellasia.com.my/BookStore/showProduct.asp?countrycode=MLY&bookstore=1&id=2951&ptab=1&&g=e12l2&ec=QSNBGDKTJJVZSVHOCFIZCQJNVZGOSGXENQRSKMPTOBJOJVSHUCN |
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| Summary: | This chapter traces the historical development of the Malaysian legal system in brief with the intention to shed light on how the rules of equity developed in the UK was gradually introduced and thereby become part and parcel of the contemporary legal system of Malaysia. Accordingly, it specifically emphasises on section 3(1) of the Civil Law Act 1956 which allows the application of the common law of England and the rules of equity to Peninsular Malaysia as well as Sabah and Sarawak in the absent of local statute governing the subject matter up to the cut-off date in respective States when the local circumstances render its application necessary. Furthermore, it briefly discusses the application of English laws in commercial matters provided under section 5 of the Civil Law Act 1956. Finally, the chapter addresses the question whether the rules of equity are still applicable to transactions and dealings involving lands as section 6 of the Civil Law Act 1956 excludes the application of the law of England to the immovable property. |
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