The Longman PDF on The Commercial Law of Malaysia: A Critical and Comparative Analysis
The commercial law of Malaysia longman pdf
Are you interested in learning more about the commercial law of Malaysia? Do you want to know how it is influenced by English law, EU law and Islamic law? Do you want to find a comprehensive and updated resource that covers all aspects of this topic? If your answer is yes, then you should read this article. In this article, we will explain what is the commercial law of Malaysia, how it is shaped by various legal systems, and what is the longman pdf on this subject. We will also provide you with some useful information on how to access or purchase this pdf online or offline. By reading this article, you will gain a better understanding of the commercial law of Malaysia and its relevance for your studies or practice.
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What is the commercial law of Malaysia?
The commercial law of Malaysia is the branch of law that deals with the regulation of trade, commerce, industry and business activities in Malaysia. It covers a wide range of topics, such as contracts, sales, agency, partnership, company law, banking, insurance, intellectual property, consumer protection, competition law and arbitration. The commercial law of Malaysia is derived from various sources, such as the Federal Constitution, statutes, common law, equity, customary law and Islamic law. The commercial law of Malaysia is based on some general principles, such as freedom of contract, good faith, fairness, justice and public policy.
How is the commercial law of Malaysia influenced by English law?
One of the most important sources of the commercial law of Malaysia is English law. English law refers to the body of law that was developed in England and Wales over centuries. English law consists of two main components: legislation and case law. Legislation is the law that is enacted by Parliament or other authorities. Case law is the law that is established by the decisions of courts or judges. English law has a significant impact on the commercial law of Malaysia because of the historical and legal ties between the two countries.
What are the advantages and disadvantages of applying English law in Malaysia?
There are some advantages and disadvantages of applying English law in Malaysia. Some of the advantages are:
Certainty: English law provides a clear and consistent framework for regulating commercial transactions and resolving disputes.
Uniformity: English law enables a uniform and harmonious application of commercial law across different states and regions in Malaysia.
Flexibility: English law allows for adaptation and modification of commercial law to suit changing circumstances and needs.
Relevance: English law reflects the common practices and expectations of the business community in Malaysia.
Compatibility: English law is compatible with international standards and norms of commercial law.
Some of the disadvantages are:
Colonialism: English law may be seen as a legacy of colonialism and domination by a foreign power.
Irrelevance: English law may be outdated or irrelevant for some aspects of commercial life in Malaysia.
Incompatibility: English law may be incompatible with local customs, values and interests in Malaysia.
Constitutionality: English law may be unconstitutional or inconsistent with the Federal Constitution or other laws in Malaysia.
How is the commercial law of Malaysia influenced by EU law?
Another source of influence on the commercial law of Malaysia is EU law. EU law refers to the body of law that is created and applied by the European Union (EU), a political and economic union of 27 member states in Europe. EU law consists of two main components: primary law and secondary law. Primary law is the law that establishes the basic principles and objectives of the EU, such as the treaties and the charter of fundamental rights. Secondary law is the law that implements and applies the primary law, such as regulations, directives, decisions and case law. EU law has an impact on the commercial law of Malaysia because of the UK's entry into the EU in 1973 and its subsequent exit in 2020.
What are the challenges and opportunities of applying EU law in Malaysia?
There are some challenges and opportunities of applying EU law in Malaysia. Some of the challenges are:
Harmonization: EU law aims to harmonize and unify the laws of its member states, which may differ from or conflict with the laws of Malaysia.
Modernization: EU law reflects the latest developments and innovations in various fields of commercial activity, which may not be suitable or applicable for some sectors or industries in Malaysia.
Diversity: EU law encompasses a diverse and complex range of legal systems, cultures and languages, which may pose difficulties for understanding and interpretation in Malaysia.
Complexity: EU law involves multiple layers and sources of authority, such as the European Commission, the European Parliament, the Council of the EU, the Court of Justice of the EU and national courts, which may create confusion and uncertainty in Malaysia.
Sovereignty: EU law may infringe or limit the sovereignty and autonomy of Malaysia as an independent nation state.
Some of the opportunities are:
Integration: EU law facilitates integration and cooperation among its member states and other countries in various areas of common interest, such as trade, investment, environment, human rights and security.
What are the similarities and differences between Islamic law and conventional commercial law?
Islamic law and conventional commercial law have some similarities and differences in terms of their objectives, values, principles and rules. Some of the similarities are:
Objectives: Both Islamic law and conventional commercial law aim to promote justice, fairness, equity and welfare in commercial transactions and disputes.
Values: Both Islamic law and conventional commercial law uphold some common values, such as honesty, trust, good faith, cooperation and social responsibility.
Principles: Both Islamic law and conventional commercial law follow some general principles, such as freedom of contract, consent, capacity, legality and certainty.
Rules: Both Islamic law and conventional commercial law regulate some similar aspects of commercial activity, such as contracts, sales, agency, partnership, company law, banking, insurance and arbitration.
Some of the differences are:
Objectives: Islamic law has a broader and higher objective than conventional commercial law, which is to achieve the maqasid al-shariah (the objectives of shariah), such as protection of faith, life, intellect, property and progeny.
Values: Islamic law has some unique values that are not found or emphasized in conventional commercial law, such as tawhid (monotheism), taqwa (piety), halal (lawful), haram (unlawful), riba (interest), gharar (uncertainty) and zakat (alms).
Principles: Islamic law has some specific principles that are not applicable or compatible with conventional commercial law, such as shura (consultation), hisbah (accountability), bay' al-salam (advance payment sale), bay' al-mu'ajjal (deferred payment sale) and mudarabah (profit-sharing partnership).
Rules: Islamic law has some different or contradictory rules from conventional commercial law in some areas of commercial activity, such as prohibition of interest, gambling, speculation, hoarding, monopoly and unfair competition.
What are the issues and solutions for integrating Islamic law and conventional commercial law?
There are some issues and solutions for integrating Islamic law and conventional commercial law in Malaysia. Some of the issues are:
Interpretation: There are different interpretations and opinions on the meaning and application of Islamic law and conventional commercial law among various schools of thought, authorities and jurisdictions.
Implementation: There are different levels and modes of implementation of Islamic law and conventional commercial law among various sectors and industries.
Enforcement: There are different mechanisms and institutions for enforcing Islamic law and conventional commercial law among various courts and tribunals.
Reform: There are different challenges and obstacles for reforming Islamic law and conventional commercial law among various stakeholders and interest groups.
Some of the solutions are:
Dialogue: There should be more dialogue and consultation among the scholars, experts, practitioners and policymakers of Islamic law and conventional commercial law to foster mutual understanding and respect.
Harmonization: There should be more harmonization and coordination among the laws, regulations, standards and guidelines of Islamic law and conventional commercial law to avoid duplication and contradiction.
Innovation: There should be more innovation and creativity in developing new products, services and solutions that comply with both Islamic law and conventional commercial law to meet the needs and demands of the market.
What is the longman pdf on the commercial law of Malaysia?
The longman pdf on the commercial law of Malaysia is a book that provides a comprehensive and updated coverage of the commercial law of Malaysia. It is written by Beatrix Vohrah and Min Aun Wu, two eminent and experienced authors in the field of commercial law. It is published by Pearson Education Malaysia, a leading publisher of academic and professional books. It is available in both print and digital formats. The longman pdf on the commercial law of Malaysia is a useful and reliable resource for students, academics and practitioners who want to learn more about the commercial law of Malaysia.
Who are the authors of the longman pdf on the commercial law of Malaysia?
The authors of the longman pdf on the commercial law of Malaysia are Beatrix Vohrah and Min Aun Wu. Beatrix Vohrah is a former judge of the High Court of Malaya and a former professor of law at the University of Malaya. She has extensive experience and expertise in various areas of commercial law, such as contracts, sales, agency, partnership, company law, banking and arbitration. She has also written several books and articles on commercial law and other legal topics. Min Aun Wu is a senior lecturer of law at the University of Malaya. He has a PhD in law from the University of Cambridge and a master's degree in law from Harvard University. He specializes in intellectual property law, competition law, consumer protection law and cyber law. He has also published several books and articles on these subjects.
What are the contents of the longman pdf on the commercial law of Malaysia?
The contents of the longman pdf on the commercial law of Malaysia are as follows:
Chapter
Title
1
Introduction to Commercial Law
2
The Law of Contract
3
The Law of Sale of Goods
4
The Law of Agency
5
The Law of Partnership
6
The Law of Company
7
The Law of Banking
8
The Law of Insurance
9
The Law of Intellectual Property
10
The Law of Consumer Protection
11
The Law of Competition
12
Each chapter of the longman pdf on the commercial law of Malaysia provides a clear and concise explanation of the relevant concepts, principles and rules of the commercial law of Malaysia. Each chapter also includes examples, cases, statutes, diagrams, tables and questions to illustrate and reinforce the learning points. Each chapter also contains a summary, a list of key terms and a list of further readings to help the readers review and expand their knowledge.
What are the features of the longman pdf on the commercial law of Malaysia?
The longman pdf on the commercial law of Malaysia has some features that make it a valuable and attractive resource for anyone who wants to learn more about the commercial law of Malaysia. Some of the features are:
Comprehensive: The longman pdf on the commercial law of Malaysia covers all the major topics and areas of the commercial law of Malaysia, from contracts to arbitration.
Updated: The longman pdf on the commercial law of Malaysia reflects the latest developments and changes in the commercial law of Malaysia, such as new legislation, case law and policies.
Relevant: The longman pdf on the commercial law of Malaysia addresses the current issues and challenges faced by the business community in Malaysia, such as globalization, digitalization, innovation and sustainability.
Accessible: The longman pdf on the commercial law of Malaysia is written in a simple and straightforward language that is easy to understand and follow.
Interactive: The longman pdf on the commercial law of Malaysia encourages active learning and participation by providing various exercises, activities and feedback.
Flexible: The longman pdf on the commercial law of Malaysia is available in both print and digital formats, which allows the readers to choose their preferred mode of reading and learning.
How can one access or purchase the longman pdf on the commercial law of Malaysia?
There are different ways to access or purchase the longman pdf on the commercial law of Malaysia. Some of the ways are:
Online: The longman pdf on the commercial law of Malaysia can be accessed or purchased online through various platforms, such as Pearson's website, Amazon, Google Books and WorldCat. The online version of the longman pdf on the commercial law of Malaysia can be downloaded or viewed on any device that supports pdf files.
Offline: The longman pdf on the commercial law of Malaysia can be accessed or purchased offline through various outlets, such as bookstores, libraries and universities. The offline version of the longman pdf on the commercial law of Malaysia can be read or borrowed in hard copy or soft copy formats.
Conclusion
In conclusion, the commercial law of Malaysia is a fascinating and important subject that deserves attention and appreciation. It is influenced by various legal systems, such as English law, EU law and Islamic law. It is also represented by a comprehensive and updated resource, such as the longman pdf on the commercial law of Malaysia. By reading this article, we hope that you have gained a better understanding of the commercial law of Malaysia and its relevance for your studies or practice. We also hope that you have found some useful information on how to access or purchase the longman pdf on the commercial law of Malaysia. If you want to learn more about the commercial law of Malaysia, we encourage you to read the longman pdf on the commercial law of Malaysia or other related books and articles. Thank you for reading this article and we wish you all the best in your future endeavors.
Frequently Asked Questions
Here are some frequently asked questions about the commercial law of Malaysia and the longman pdf on the commercial law of Malaysia:
What is the difference between civil law and common law?Civil law and common law are two major legal systems in the world. Civil law is based on written codes or statutes that are enacted by legislatures or other authorities. Common law is based on unwritten precedents or case law that are established by courts or judges. Civil law is more prevalent in continental Europe, Latin America and Asia. Common law is more prevalent in the UK, the US and the Commonwealth countries.
What is the difference between shariah and fiqh?Shariah and fiqh are two terms that are related to Islamic law. Shariah means the divine law or the way of God that is revealed in the Quran and the Sunnah. Fiqh means the human understanding or interpretation of the shariah that is derived from various sources, such as ijma (consensus), qiyas (analogy) and ijtihad (independent reasoning). Shariah is fixed and immutable, while fiqh is flexible and dynamic.
What is the difference between arbitration and litigation?Arbitration and litigation are two methods of resolving disputes. Arbitration is a private and consensual process where the parties agree to submit their dispute to one or more arbitrators who are chosen by them or appointed by an institution. The arbitrators render a binding decision or award based on the evidence and arguments presented by the parties. Litigation is a public and adversarial process where the parties bring their dispute to a court of law that is presided by a judge or a jury. The court renders a binding judgment or verdict based on the law and facts of the case.
What are some of the advantages of reading the longman pdf on the commercial law of Malaysia?Some of the advantages of reading the longman pdf on the commercial law of Malaysia are:
It provides a comprehensive and updated coverage of the commercial law of Malaysia.
It explains the concepts, principles and rules of the commercial law of Malaysia in a clear and concise manner.
It illustrates and reinforces the learning points with examples, cases, statutes, diagrams, tables and questions.
It helps the readers review and expand their knowledge with summaries, key terms and further readings.
It enables the readers to choose their preferred mode of reading and learning with print and digital formats.
How can I contact the authors or the publisher of the longman pdf on the commercial law of Malaysia?You can contact the authors or the publisher of the longman pdf on the commercial law of Malaysia by using the following information:
Authors: Beatrix Vohrah and Min Aun Wu
Email: beatrix.vohrah@um.edu.my; minaun.wu@um.edu.my
Publisher: Pearson Education Malaysia
Website: https://www.pearson.com/my/
Phone: +603-5629 4000
Address: Level 1, Tower 2A, UOA Business Park (Tower 2), No. 1 Jalan Pengaturcara U1/51A, Seksyen U1, 40150 Shah Alam, Selangor Darul Ehsan, Malaysia
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