| _version_ |
1860797461568684032
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| building |
INTELEK Repository
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| collection |
Online Access
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| collectionurl |
https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072
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| date |
2024-08-27 14:05:27
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| format |
Restricted Document
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| id |
12807
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UniSZA
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| internalnotes |
Abdul Hak, N. (2007). Family mediation in Asia: A special reference to the law and practice in Malaysia. IIUM Law Journal 15(1), 121-148. Abdul Rahman, S. G. (2006). Penyelesaian kes-kes kekeluargaan melalui manual kerja SULH. In A. M. Yaacob & S. S. Md Supi (Eds.), Undangundang keluarga Islam. Institut Kefahaman Islam Malaysia. Ariff, Z., & Ibrahim, N. (Eds.). (2012). Contemporary issues in matrimonial property. IIUM Press. Brown, L. N. (1966). The legal background to the family court. The British Journal of Criminology, 6(2), 139-151. Cheng, M. (1985). Family Court: Let’s Have It. Malaysian Law Journal, Jan-Jun, 149-154. Copeland, A. P., & White, M. K. (1991). Studying families. SAGE Publications. Hale, B., Pearl, D., Cooke, E., & Bates, P. (2002). The family, law and society cases and materials (5th ed.). Lexis Nexis. Husna, A., & Che Soh, R. (2012). Establishment of a unified family court in Malaysia: Implication on national family policy. In Z. Ariff & N. Ibrahim (Eds.), Contemporary issues in matrimonial property. IIUM Press. Ibrahim, N., Zin, N. M., Hak, N. A., Soh, R. C., Hashim, N. M., Mohd, A., … Kamal, M. H. M. (2013). Family law (non-Muslim) in Malaysia. IIUM Press. Kamaruddin, Z. (2005). Divorce laws in Malaysia (Civil and Shariah). Malayan Law Journal. Kelana Jaya, Selangor Darul Ehsan. Munir, A. B., & Abdullah, N. A. (1995). Domestic violence and the need for a family court. Civil Law Journal, (4), 81. ÑAbd al-Óti, H. (1995). The family structure in Islam. American Trust Publications. Wan Dollah, W. S. A. (2005). The importance of mediation in settling divorce cases. In Z. Kamaruddin (Ed.), Islamic family law: New challenges in the 21st century. Research Centre, IIUM.
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7114-01-FH02-FUHA-16-06099.pdf
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Adobe Acrobat Pro DC 20.6.20042
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oai_dc
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https://intelek.unisza.edu.my/intelek/pages/view.php?ref=12807
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| spelling |
12807 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=12807 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection407072 Restricted Document Article Journal application/pdf Adobe Acrobat Pro DC 20 Paper Capture Plug-in with ClearScan 11 1.6 Adobe Acrobat Pro DC 20.6.20042 2024-08-27 14:05:27 7114-01-FH02-FUHA-16-06099.pdf UniSZA Private Access The Application of Contract Law Principles in Domestic Contracts Pertanika Journal of Social Sciences and Humanities A domestic contract refers to an agreement between persons having a family relationship. Despite the general rule of contract, parties in social, domestic and family agreements may not have the intention to create legal relations, but domestic contracts are legally binding. In the context of family law, domestic contracts normally involve marriage contracts and separation agreements that include, among others, the pre-nuptial agreement, settlement agreement, division of matrimonial property agreement and custody of children agreement. Despite the common nature and structure of the domestic contract as a typical agreement, there are concerns from family law practitioners that domestic contracts should be interpreted differently from the commercial or other types of contract and judges should have special or additional factors of consideration in giving effect to these contracts. In Malaysia, there is a proposal for the formation of a Family Court to improve procedures and provide better service to families. The main objective of the Family Court would be to empower the parties to resolve their disputes by mutual consent and in a manner that best serves the needs of the children involved. With the proposal for the establishment of a family court, it is very important for the court to determine the approaches that shall be applied by the said family court in domestic contracts in comparison to judicial approaches in commercial contracts. This paper examines approaches of the courts in dealing with family law contracts and compares them with the judicial approaches in domestic agreements between family members under general contract law. The research methodology adopted in this paper is the statutory and doctrinal analysis. 23 Universiti Putra Malaysia Universiti Putra Malaysia 281-290 Abdul Hak, N. (2007). Family mediation in Asia: A special reference to the law and practice in Malaysia. IIUM Law Journal 15(1), 121-148. Abdul Rahman, S. G. (2006). Penyelesaian kes-kes kekeluargaan melalui manual kerja SULH. In A. M. Yaacob & S. S. Md Supi (Eds.), Undangundang keluarga Islam. Institut Kefahaman Islam Malaysia. Ariff, Z., & Ibrahim, N. (Eds.). (2012). Contemporary issues in matrimonial property. IIUM Press. Brown, L. N. (1966). The legal background to the family court. The British Journal of Criminology, 6(2), 139-151. Cheng, M. (1985). Family Court: Let’s Have It. Malaysian Law Journal, Jan-Jun, 149-154. Copeland, A. P., & White, M. K. (1991). Studying families. SAGE Publications. Hale, B., Pearl, D., Cooke, E., & Bates, P. (2002). The family, law and society cases and materials (5th ed.). Lexis Nexis. Husna, A., & Che Soh, R. (2012). Establishment of a unified family court in Malaysia: Implication on national family policy. In Z. Ariff & N. Ibrahim (Eds.), Contemporary issues in matrimonial property. IIUM Press. Ibrahim, N., Zin, N. M., Hak, N. A., Soh, R. C., Hashim, N. M., Mohd, A., … Kamal, M. H. M. (2013). Family law (non-Muslim) in Malaysia. IIUM Press. Kamaruddin, Z. (2005). Divorce laws in Malaysia (Civil and Shariah). Malayan Law Journal. Kelana Jaya, Selangor Darul Ehsan. Munir, A. B., & Abdullah, N. A. (1995). Domestic violence and the need for a family court. Civil Law Journal, (4), 81. ÑAbd al-Óti, H. (1995). The family structure in Islam. American Trust Publications. Wan Dollah, W. S. A. (2005). The importance of mediation in settling divorce cases. In Z. Kamaruddin (Ed.), Islamic family law: New challenges in the 21st century. Research Centre, IIUM.
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| spellingShingle |
The Application of Contract Law Principles in Domestic Contracts
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| summary |
A domestic contract refers to an agreement between persons having a family relationship. Despite the general rule of contract, parties in social, domestic and family agreements may not have the intention to create legal relations, but domestic contracts are legally binding. In the context of family law, domestic contracts normally involve marriage contracts and separation agreements that include, among others, the pre-nuptial agreement, settlement agreement, division of matrimonial property agreement and custody of children agreement. Despite the common nature and structure of the domestic contract as a typical agreement, there are concerns from family law practitioners that domestic contracts should be interpreted differently from the commercial or other types of contract and judges should have special or additional factors of consideration in giving effect to these contracts. In Malaysia, there is a proposal for the formation of a Family Court to improve procedures and provide better service to families. The main objective of the Family Court would be to empower the parties to resolve their disputes by mutual consent and in a manner that best serves the needs of the children involved. With the proposal for the establishment of a family court, it is very important for the court to determine the approaches that shall be applied by the said family court in domestic contracts in comparison to judicial approaches in commercial contracts. This paper examines approaches of the courts in dealing with family law contracts and compares them with the judicial approaches in domestic agreements between family members under general contract law. The research methodology adopted in this paper is the statutory and doctrinal analysis.
|
| title |
The Application of Contract Law Principles in Domestic Contracts
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| title_full |
The Application of Contract Law Principles in Domestic Contracts
|
| title_fullStr |
The Application of Contract Law Principles in Domestic Contracts
|
| title_full_unstemmed |
The Application of Contract Law Principles in Domestic Contracts
|
| title_short |
The Application of Contract Law Principles in Domestic Contracts
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| title_sort |
application of contract law principles in domestic contracts
|