Authors:
- 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
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Table of contents (7 chapters)
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Front Matter
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Back Matter
About this book
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.
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
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Monash Univ. Subang Jaya, Selangor, Malaysia and Monash University, Clayton, Australia
Haemala Thanasegaran
About the author
Bibliographic Information
Book Title: Good Faith in Insurance and Takaful Contracts in Malaysia
Book Subtitle: A Comparative Perspective
Authors: Haemala Thanasegaran
DOI: https://doi.org/10.1007/978-981-10-0383-7
Publisher: Springer Singapore
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Science+Business Media Singapore 2016
Hardcover ISBN: 978-981-10-0381-3Published: 10 February 2016
Softcover ISBN: 978-981-10-9147-6Published: 31 March 2018
eBook ISBN: 978-981-10-0383-7Published: 22 January 2016
Edition Number: 1
Number of Pages: XXIV, 233
Topics: Financial Law/Fiscal Law, Insurance