Civil Law Act 1956 Section 5
Laws of malaysia act 67 civil law act 1956 upto 2006 13346 reads.
Civil law act 1956 section 5. Today civil law act 1956 revised 1972 incorporates all three statutes statutory authority for english law application in malaysia. Administration of insolvent estates and winding up of companies 5. Tort feasors and award of interest. Sia cheng soon v tengku ismail tengku ibrahim cla 1956 concerns civil law not criminal law.
The title of the act says so. Application of civil law act. Application of sections and of the civil law act 1956 when malaysia was formed in 1963. Civil law act 1956.
Interpretation part ii general 3. Top in 24 hours. That does not mean that the common law and rules of equity as applied in this country must remain static and do not develop. The civil law act 1956 act 67 revised 1972 cla 1965 being incorporate to all the three earlier statutes that are the statutory authority for the application of english law in today s malaysia.
5 where in any case to which subsection 1 applies one of the persons at fault avoids liability to any other such person or his personal representative by pleading the limitation act 1953 act 254 or any other written law limiting the time within which proceedings may be taken he shall not be entitled to recover any damages or contributions from that other person or representative by. Application of english law in commercial matters 6. Proceedings against and contribution between joint and several tort feasors 1 where damage is suffered by any person as a result of a tort whether a crime or not a judgement recovered against any tort feasor liable in respect of that damage shall not be a bar to an action against any other person who would if sued. This is my own note titled application of civil law act in malaysia by virtue of section.
8 in this section appointed day means the date of commencement of section 6 of the civil law amendment act 2009. Immovable property part iii. Act 67 arrangement of sections civil law act 1956 part i preliminary section 1. Section 3 of the civil law act 1956 only requires any court in west malaysia to apply the common law and the rules of equity as administered in england on 7 april 1956.
1 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 a in peninsular malaysia or any part thereof apply the common law of england and the rules of equity as administered in england on the 7 april 1956. Applicable to civil cases only. Common law rules of equity and certain statutes 4.