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Good Faith in Insurance and Takaful Contracts in Malaysia - A Comparative Perspective (Hardcover, 1st ed. 2016)
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Good Faith in Insurance and Takaful Contracts in Malaysia - A Comparative Perspective (Hardcover, 1st ed. 2016)
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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.
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