Discuss The Application Of English Law In Malaysia

Application of english law in malaysia.

Discuss the application of english law in malaysia. Malaysia legal history finals mlh tri 1 preview text application of sections 3 5 and 6 of the civil law act 1956 when malaysia was formed in 1963 there were three separate statutes authorising the application of english law which are s 3 5 6 of the civil law ordinance 1956 in peninsular malaysia application of laws ordinance 1956 in sabah and application of laws ordinance 1949 in sarawak. There is an express rule found in section 6 of the civil law act that no english land law is concerning tenure conveyance or succession to any immovable property will be applied in malaysia instead the national land code governs land matters. This day it has not been immune from criticisms and constant calls for its abolition or amendment. One of the sources of malaysian law is english law explain how english law and the other sources of law form part of the law of malaysia the law of malaysia mostly based to the common law legal system it was a final result of the colonisation of malaya sarawak and north borneo by britain in between 19th century to 1960s.

The application of english law in malaysia is restricted under the civil jurisprudence act 1956. Discuss the extent of the application of the english law in malaysia. In formulating malaysia s own common law the court is free to look at any source of law local or non local. The law of malaysia is mainly based on the common law legal system that means that english law forms part of the laws of malaysia.

The common law of england after the cut off date statutes of general application after 1951 1949 principles of common law in other countries common custom of people of malaysia etc. Written sources include federal and state constitution and subsidiary legislation. In malaysia there are 2 sources of law which are written and unwritten. 1 in all questions or issues which arise or which have to be decided in the states of peninsular malaysia other than malacca and penang with respect to the law of partnerships corporations banks and banking principals and ag ents carriers by air land and.

Therefore although english law can be applied in malaysia it is clear that it does not supersede malaysian law it is a mere supplement. That qualification concern the extend to which english law is applicable. The common jurisprudence of english and regulations of equity is merely applicable in malaysia before the cut off day of the month and after the cut off day of the month malaysia tribunal can non have the development of common jurisprudence. English law and it s application in malaysian court english law in virtue article 160 of federal constitution includes the common law in so far as it is in operation in the federation or any part thereof.

10 laws of malaysia act 67 application of english law in commercial matters 5. In article 160 of the federal constitution states the definition of law which includes the common law in so far as it is in operation in the federation or any part thereof that concerns the extent to which the english law is applicable in malaysia.