Good Faith in Insurance and Takaful Contracts in Malaysia
A Comparative Perspective
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Beschreibung
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 bookexamines the duty of utmost good faith from both a doctrinal and a social science perspective, in order to propose suitable legal reform.
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 bookexamines the duty of utmost good faith from both a doctrinal and a social science perspective, in order to propose suitable legal reform.
Offers an extensive comparison between good faith regulation in insurance contracts in Malaysia, the United Kingdom, and Australia Features a special chapter on the evolving takaful regulations in Malaysia, including the Islamic Financial Services Act 2013 Provides a holistic look at law reform by taking into account doctrinal and socioeconomic factors Includes supplementary material: sn.pub/extras
Autor*in
Haemala Thanasegaran
Themen in »Good Faith in Insurance and Takaful Contracts in Malaysia«
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