732-309 Comparative Business Law - Malaysia

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Objectives:

Students completing this subject should:

• have a general understanding of the sources of business law in Malaysia and the legal system in which these laws operate;

• know the extent to which the law of contract, company law and banking law are typical of similar laws in Australia;

• the influence of government policy on the operation of business laws;

• the legal structure and operation of Islamic business institutions within the secular legal system of Malaysia.

Content:

A comparative study of the commercial law of Malaysia against the background of the country's social and legal history, its three legal systems (common law, Islamic and Native) and prevailing government policy on development. (Malaysia's dominant legal system which regulates commerce is the common law system.) The commercial laws of the country, both written and unwritten, are similar to those of Australia and have been influenced by Australian law reform reports and commercial law legislation. Important differences exist however in the general legal environment of commercial law arising from government policy and Malaysia's pluralist legal system.

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Prescribed Texts:

To be advised.