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Good Faith in Insurance and Takaful Contracts in Malaysia

A Comparative Perspective

  • Haemala┬áThanasegaran

Table of contents

  1. Front Matter
    Pages i-xxiv
  2. Haemala Thanasegaran
    Pages 1-9
  3. Haemala Thanasegaran
    Pages 11-46
  4. Haemala Thanasegaran
    Pages 109-143
  5. Haemala Thanasegaran
    Pages 145-165
  6. Haemala Thanasegaran
    Pages 167-200
  7. Haemala Thanasegaran
    Pages 201-228
  8. Back Matter
    Pages 229-233

About this book

Introduction

This book examines good faith in non-marine insurance and takaful (Islamic insurance) contracts in Malaysia, and proposes holistic law reform of the same. The first two-thirds of the book comprise an extensive comparative legal analysis of the issues between Malaysia, Australia and the United Kingdom, with the final third dedicated to a socio-economic analysis of law reform and suggestions for law reform particularly suited to Malaysia.

The book evaluates whether the duty of utmost good faith (the cornerstone of insurance and takaful contracts) is effectively regulated and, in turn, observed by insurers (and takaful operators) and insureds alike in Malaysia. The adequacy of the Insurance Act 1996 (Malaysia), the Takaful Act 1984 (Malaysia), the Financial Services Act 2013 (Malaysia) and the Islamic Financial Services Act 2013 (Malaysia) is evaluated, along with the supporting infrastructure and oversight measures introduced by the Malaysian government. In doing so, The book examines the duty of utmost good faith from both a doctrinal and a social science perspective, in order to propose suitable legal reform.

Keywords

Insurance in Malaysia Islamic insurance in Malaysia Comparative insurance law Comparative Islamic insurance law Law reform in Malaysia Law reform in the United Kingdom Australian insurance law non-marine insurance duty of disclosure post-contractual good faith pre-contractual misrepresentation pre-contractual non-disclosure shari'a sharia takaful uberrima fides uberrimae fidei utmost good faith legal culture and law reform economic efficiency of law reform

Authors and affiliations

  • Haemala┬áThanasegaran
    • 1
  1. 1.Monash Univ. Subang Jaya, SelangorMalaysia and Monash UniversityClaytonAustralia

Bibliographic information

  • DOI https://doi.org/10.1007/978-981-10-0383-7
  • Copyright Information Springer Science+Business Media Singapore 2016
  • Publisher Name Springer, Singapore
  • eBook Packages Law and Criminology
  • Print ISBN 978-981-10-0381-3
  • Online ISBN 978-981-10-0383-7
  • Buy this book on publisher's site