Good Faith In In­sur­ance And Takaful Con­tracts In Malaysia: A Com­par­a­tive Per­spec­tive / Hae­mala Thanasegaran


Hae­mala Thanasegaran. This book ex­am­ines good faith in non­ma­rine 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.

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