Law in Malaysia

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Common law can apply in the absence of local legislation. Local law is regarded highly that the English law. The English law is only meant to fill in the lacuna, in which the local legislation is not present. Only the relevant part which is suited to the local needs and circumstances applies. Malaysia is made up of different races, each possessing their own customs, different from English law. The entire importation of English law means that the sovereignty of local race is affected. 20
The case law related to the boundaries of application is,Syarikat Batu Sinar Sdn. Bhd. v. UMBC Finance Bhd. In this case, problem of double financing occurred when first purchaser’s (UMBC Finance Bhd.) indorsement of ownership claim was not included in the registration card of vehicle. UMBC tried to repossess the vehicle. The plaintiff sued UMBC, claiming that defendants were not entitled to the vehicle. It was held that the English law requires the indorsement of ownership claim in registration card, but the law in Peninsular Malaysia does not really require the indorsement to be attached with the registration card of vehicle. The law regarding the indorsement of ownership claims in Malaysia which applies to the local circumstances has to be distinguished from the English law. 21
Page 1 and 2: Law in Malaysia Prepared by :- Musb
Page 3 and 4: Law protects basic individual right
Page 5 and 6: Malaysian sources of law comprises
Page 7 and 8: The laws of Malaysia can be divided
Page 9 and 10: Federal Constitution is said to be
Page 11 and 12: State Constitution is the same as F
Page 13 and 14: Article 74 of Federal Constitution
Page 15 and 16: Unwritten laws are laws that are no
Page 17 and 18: But it is not stated that the Commo
Page 19: In the case Smith Kline & French La
Page 23 and 24: English Commercial Law applies in P
Page 25 and 26: The case related is United Malayan
Page 27 and 28: Persuasive precedent is a precedent
Page 29 and 30: Adat Perpatih applies in Negeri Sem
Page 31 and 32: After the establishment of Law Refo
Page 33 and 34: Sections 3 and 5 of the Civil Law A
Page 35 and 36: Before January 1, 1985, the Federal
Page 37 and 38: Executive power is vested in the ca
Page 39 and 40: The states of Sabah and Sarawak joi
Page 41 and 42: Malaysia has an exemplary record of
Page 43 and 44: Malay privileges are offset by safe
Page 45 and 46: The jurisdiction of the courts in c
Page 47 and 48: The current President of the Federa
Page 49 and 50: List of Chief Justices of the Feder

Law in Malaysia

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