Unwritten Law in Malaysia

2009 Words Nov 26th, 2012 9 Pages
Unwritten laws are laws that are not enacted and not found in any constitution. It comprises of English law (Common Law and Equity), judicial decisions and customs. Common Law is a major part of many States, especially Commonwealth countries. It is mainly made up of non –statutory laws, which are the precedents derived from judgments given on real cases by judges. Law of Equity resolves disputes between persons by referring top principles of fairness, equality and justness. In these cases,nothing was done against the law by the parties to dispute, but their rights are in conflict. Thus, it is different from law,both the Statutory Law enacted by Parliament and State Legislatives and Common Law which consists of precedents and opinions given …show more content…
The law regarding the indorsement of ownership claims in Malaysia which applies to the local circumstanceshas to be distinguished from the English law race is affected.
Two components of English law are English commercial law and English land law.English Commercial Law is provided by the section 5(1)and section 5(2) of Civil Law Act 1956. The principles of English commercial law apply in Peninsular Malaysia except Penang and Malacca in absence of local legislations– Section 5(1). This includes laws regarding partnership,banking, principals and agents, life and insurance and soon. There is no entire dependence on English commercial law as only certain principles apply and many local statutes have been inserted to the English Commercial Law.English Commercial Law applies in Penang,Malacca, Sabah and Sarawak as the law administered in these states will be the same as law administered in England, in the like case at corresponding period – Section 5(2). These states are still dependant on the English Commercial Law.In the case,Koon Thean Soong v. Tan Eng Nam,it was held that English law of partnership was inapplicable as there is a local statute governing the partnership in Malaysia, which is Contract(Malay State) Ordinance.
As for the English Land Law, none of the English Land Law concerning the tenure, conveyance,assurance of or succession to any estate, right or interest there in applies in Malaysia. In Malaysia,National Land Code