Explain The Application Of English Law In Malaysia

Section 3 and 5 of the civil law act 1956 provide that english law relating to contract is applicable in malaysia in relation to areas not covered by our legislation or our case law.

Explain the application of english law in malaysia. 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. If there is no malaysian case law english case law can be applied. English law application of english law in malaysia section 3 and section 5 civil law act 1956 stated the application of english common law and equity in peninsular malaysia. Section 3 1 a west malaysia apply common law and equity as administered in england on 7th april 1956 section 3 1 b and c apply the common law and equity together with statutes of general application as.

Under section 5 2 which applies to penang melaka sabah and sarawak english commercial law at the date at which the matter has to be decided applies. In formulating malaysia s own common law the court is free to look at any source of law local or non local. 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. 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.

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. That qualification concern the extend to which english law is applicable. Many of the local laws especially those affecting trade commerce and banking were patterned on english models or in some instance other colonial laws e g. This day it has not been immune from criticisms and constant calls for its abolition or amendment.

Under the civil law act 1956 section 5 1 english commercial law as it stood on 7 april 1956 applies in the nine former malay states. 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. In the case commonwealth of australia v. Although the act survives to.