Discuss The Application Of English Law In Malaysia

The law prevalent in malaysia comprises of local laws and laws of england received into the malaysian legal system through the doctrine of reception.

Discuss the application of english law in malaysia. 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. 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. This day it has not been immune from criticisms and constant calls for its abolition or amendment. This doctrine alludes to the practice whereby a former colony of england consciously and will ingly adopts its laws rheinstein m 1956.

That qualification concern the extend to which english law is applicable. 10 laws of malaysia act 67 application of english law in commercial matters 5. 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 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 use of english law in nigeria is backed up by the following authorities. 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. Application of english law in malaysia but not without limitations. By the provision of s.

Malaysia has also adopted its. 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. In fact they make up the bulk of our law. These english laws have been imported into the nigerian legal system.

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. 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.