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Development of equity in the Malaysian legal system

Ahmad, Muhamad Hassan and Ali Mohamed, Ashgar Ali and Masum, Ahmad (2022) Development of equity in the Malaysian legal system. In: Equity & trust in Malaysia: law & practice. Sweet & Maxwell, Thomson Reuters, Kuala Lumpur, Malaysia., pp. 27-48. ISBN 978-967-2723-16-5

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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.

Item Type: Book Chapter
Uncontrolled Keywords: Equity, Equitable Remedies, Common Law, Malaysian Legal System.
Subjects: K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Dr. Muhamad Hassan Ahmad
Date Deposited: 10 Mar 2023 15:26
Last Modified: 10 Mar 2023 15:26
URI: http://irep.iium.edu.my/id/eprint/103928

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