Malaysian Wills Act: Requirements for Valid Testacy and Formalities
Foundations of Succession Law in Malaysia
Law of Intestacy vs. Testacy
- Law of Intestacy: Changes from time to time based on the needs and circumstances of society.
- Law of Testacy: Allows a person to give all or part of their property to anyone they choose. This law remains constant, independent of societal needs or changing circumstances.
Definition of a Will
A will is a legal written document that outlines how a person’s assets will be distributed after their death. (Refer to Section 2 of the Wills
Read MoreHistorical Roots of India’s Legal System and Governance
The Development of the Colonial Judicial System in India
The British judicial system in India developed gradually through experiments, trials, and administrative reforms. Every major judicial event or reform reflected the British objective of establishing political control, standardizing laws, and projecting the superiority of English legal principles. However, the system also exposed several critical contradictions:
- Racial discrimination
- Conflict between Company officials and Indian traditions
- The
Arbitration Law Malaysia: Arbitration Act 2005 and Procedures
Meaning and Definition of Arbitration
Definition: Arbitration is a private, consensual, party-driven method of dispute resolution where two or more parties agree to settle a dispute with the assistance of an arbitrator. Source of Authority: Unlike litigation, which derives authority from the State, arbitration’s legitimacy flows from the parties’ agreement. In Collins v Collins (1858) and as approved in Malaysian jurisprudence, arbitration is a ‘reference to the decision of one or more persons…
Read MoreConsumer Protection & Motor Vehicles Law: Rights, Remedies, Liability
Objectives of the Consumer Protection Act, 1986
The Consumer Protection Act, 1986 was enacted to safeguard consumers from exploitation in the marketplace. Its primary objective is to provide simple, speedy, and inexpensive redressal of consumer grievances. The Act aims to protect consumers against unfair trade practices, defective goods, and deficient services, and ensures that consumers receive correct information regarding the quality, quantity, and price of products and services.
Another major
Read MoreEU Internal Market Freedoms: Capital, Services, and Goods Regulation
1. Historical Development of Free Movement of Capital
Free movement of capital developed later and more cautiously than the other economic freedoms because the original Treaty rules were vague and ambiguous. Unlike goods, workers, establishment, and services, capital was not granted immediate liberalization or direct effect. During the 1960s and 1970s, the Court of Justice recognized direct effect for the other freedoms, but capital movements were excluded. Liberalization was meant to happen progressively
Read MoreFundamental Rights and Guarantees under Article 20 of the Spanish Constitution
Freedom of Expression and Information under Article 20 CE
Article 20.1 CE protects several different fundamental rights. Along with the recognition of those rights, this article governs their guarantees (Arts. 20.2, 20.3, and 20.5 CE) and its limits (Art. 20.4 CE).
Fundamental Rights Recognized (Article 20.1 CE)
Article 20.1 CE recognizes and protects the following rights:
- To freely express and disseminate thoughts, ideas, and opinions through words, writing, or any other means of reproduction.
- Freedom