English Law In Malaysia

As for the english land law none of the english land law concerning the tenure conveyance assurance of or succession to any immovable property or any estate right or interest therein applies in malaysia.

English law in malaysia. Found in civil law act 1956 act 67 revised 1972 cla 1956 cla 1956. That qualification concern the extend to which english law is applicable in malaysia. Article 160 fc law includes written law the common law in so far as it is in operation in the federation or any part thereof and any custom or usage having the force of law in the federation or any part thereof. English law in malaysia essay sample.

Malaysian legal system sources of law english law 1. Similarly in context of civil law sections 3 and 5 of civil law act allows for application of english common law equity rules and statutes in malaysian civil cases where no specific laws have been made. 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. 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.

English common law and the rules of equity apply so far as other provision has been made or may hereafter be made by any written law in force in malaysia and further so far only as the circumstances of the states of malaysia and their respective inhabitants permit and subject to such qualifications as local circumstances render necessary s 3 1. Penang and malacca as. The application of english law or common law is specified in the civil law act 1956 as stated in sections 3 and 5 of the said act which allows for the application of english common law equity rules and statutes in malaysian civil cases where no specific laws have been made. The common law is based on the principle of deciding cases by reference to previous judicial decisions rather than to written statutes drafted by legislative bodies.

In essence section 5 1 provides that in the absenc e of any local written law english commercial law shall b e applicable in peninsular malaysia with the exception of. In malaysia national land code is the law that governs the land matters.