English Law in Malaysia

Under the provision of s3 of the Civil Law Act 1956 that is the way the Malaysian common law should develop. English law forms part of the laws of Malaysia.

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Malaysia is a country in Southeast Asia.

. In terms of civil. The CLA 1956 is the current statuory authority for the application of English law in Malaysia. Since there was no official body of law in the first 20 years of British occupation legal chaos occurred in the administration.

In Malaysia English law can be found in the Civil Law Act 1956 Act 67 Revised 1972 CLA 1956 under section 3 of the Act where under the Act English law is defined as the common. Introduction Malaysian legal history has been determined by events spanning a period of some six hundred years. English Law is applied in Malaysia is through the common law.

Article 3 1 provides that in the absence of written law the Malaysian. If there is no. The debate on whether Malaysia needs to sustain strong links with English law is likely to continueIrrespective of which side of the argument one may take the truth is that Malaysia s.

33Application of English Law in Commercial Matter. Section 5 of the Malaysian Civil jurisprudence Act 1956 enables the application of English jurisprudence in commercial. The Reception of English Law In Malaysia.

This was a direct result of the colonisation of Malaya Sarawak and North Borneo by Britain between the early 19th. The CLA 1956 is the current statutory authority for the application of EL in Malaysia. However not all of Englands common law and rules.

The application of English Common law could be illustrated by the situation when there is no law governing by a particular circumstances Malaysia case law can be applied. This article argues that the abolition of section 3 of the Civil Law Act 1956 or the Act as a whole which permits the reception of English law in Malaysia is not necessary. The application of English law in civil and criminal cases is specified in statutes.

1 See whether there is any written law in force in Malaysia. The extend of application of EL is prescribed in the three sections. The scope of English law is prescribed in sections 3 5 and 6 of the Civil Law Acts 1956 revised in 1972.

Reception of English Law in Malaysia. Section 3 1 of the Civil Law Act 1956 states that the courts in Peninsular Malaysia shall apply the common law of England as well as equity as administered in England on April 7. In short section 3 1 provides that the courts in Malaysia shall apply the common law as well as rules of equity existing in England in the absence of written law on 7th April 1956.

Since the Derbyshire principle is based on the common law of England propounded by the English apex court in 1993 it is important to determine the extent to which the common law of England. Apart from that it can be deduced that from section 31 in the absence of written law common law and rules of equity existing in England shall be applied to Malaysian courts on 1 7 April. The Federal Constitution of Malaysia itself was structured based on the common law values thus proving the strong influence of English law in the laws of Malaysia.

In Hong Kong which generally follows the English common law system an undergraduate LLB. Article 160 of the Federal Constitution rules the common law to be applicable in so far as it in operation in the. The law of Malaysia is mainly based on the common law legal system.

The law regarding the indorsement of ownership claims in Malaysia which applies to the local circumstances has to be distinguished from the English law race is affected. English law can be found in the English common law and rules of equity.

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