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CIVIL LAW ACT 1956. ARRANGEMENT OF SECTIONS. PART I. PRELIMINARY. Section. Short title. Interpretation. PART II. GENERAL. 3. Application of U.K. common law, rules of equity and certain statutes. 4. Administration of insolvent estates, and winding up of companies. 5. Application of English law in commercial matters. 6. Immovable property.
Discuss the contents and application of section 3 and 5 of the Civil Law Act 1956 (Revied 1972) as source of law in Malaysia. English law is part of Malaysian law. Article 160 of the Federal Constitution includes ‘the common law in so far as it is in operation in the Federation or any part thereof’.
(1) Whenever the death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the party who would have been liable if death had not ensued shall be liable to an action for ...
In essence, the Civil Law Act 1956 provides for general application of English law as per s. 3; specific application of English law as per s. 5; and non-application of English law as per s. 6. Each one of these sections will be explained below.
The Civil Law Act 1956 (Act 67) (Revised 1972) (CLA 1965) In, Section 3 (1) provides for the general application of English law. It states that: Save so far as other provision has been made or may hereafter be made by any written law in force in Malaysia, the Court shall:
May 29, 2015 · 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 argument that the Act stifles the development of the Malaysian common law is untenable.
This chapter mentions the history of the Straits Settlements and the Malays States before 1956 and how the British had introduced the English laws in these territories. A discussion of section 3 and 5 of the Civil Law Act, 1956 (Revised 1972) will be in Chapter 3.
