This paper aims to evaluate the legal implications of the private lease scheme (PLS) for a property sale by the developers. It mainly relies on statutes and court cases as its primary sources of information. PLS is selling a lease to purchasers by the developers. If purchasers were misled to believe a property is purchased and not the purchase of the lease, it is considered misrepresentation. An amendment to the law is timely to cater for a scheme that may address a different legal status of the purchaser. Australia introduced a certificate of lease to enhance the security of tenure. Keywords:: Private Lease Scheme; Developer; Cetificate of lease; Misrepresentation. eISSN: 2398-4287© 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v6i17.2867
The responsibilities of advocate and solicitor include duties towards client, court and the legal profession. Failure to comply with the law relating to the legal profession, advocate and solicitor in Malaysia shall be subjected to disciplinary actions due to misconduct. They shall be struck off as legal practitioners. This paper adopts qualitative research. This paper explains the responsibilities of an advocate and solicitor. This paper suggests that the term "misconduct" is extensive and complicated, and there is a dire need to include the interpretation of the term “misconduct” in section 3 of the Legal Profession Act 1976. Keywords: Responsibilities, Advocate, Solicitor, Misconduct eISSN: 2398-4287© 2022. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI
The Malaysian Government incorporated into the Malaysian primary land law statute, the National Land Code 1965 (NLC), the computerized land database. It is known as the Computerized Land Registration System (CLRS) in 2001. The main purpose of the CLRS is to provide a more efficient land database that replaced the manual Register Document of Titles (RDT). It is a commendable effort but the conversion process of the original titles placed at the land registry gives rise to an adverse implication on the registered proprietor. Land fraud scam deprived the legitimate ownership and interest in land. The implication of land fraud scam is like a double edge sword. The illegal activities affect the registered proprietor who lost his ownership of the land without any compensation accorded to him when the land is transferred to a bona fide purchaser for value as provided under the proviso of Section 340(3) of the NLC. The ownership or interest of the new proprietor or interest holder who obtained registration through land fraud scam is liable to be set aside. Registration offers certainty in the title. However, the security of tenure will remain at stake when the rightful and lawful claimant over the land is deprived of the land. The loss is compounded when no avenue for compensation is accorded for him under the NLC. Land fraud scam caused untold misery to these affected parties. There is no means to verify the authenticity of the parties and documents. The Australian conveyancing system is analyzed to review the legal measures used to reduce land fraud scam. This paper aims to evaluate the extent of a legal duty that needs to be imposed before any financial institution commits itself by accepting land as security for the approved loan.
It is crucial to safeguard the interests of tenants and landlords in their tenancy agreements to achieve the concept of justice and equality. Malaysia has not yet had a specific law to govern the relationship between tenants and landlords whereby the rights and obligations of both parties are stipulated inside their tenancy agreement. Suppose there is a breach in the contracts. In that case, the jurisdiction to settle such disputes will be referred to the relevant laws in Malaysia, such as the National Land Code (Revised 2020) (Act 828), Contracts Act 1950, Specific Relief Act 1950, and Distress Act 1951. Even so, such legislation remains vague in resolving specific issues about the entrance of parties into a tenancy agreement which will be further discussed in this study. Further discussed are the rights and obligations of both parties based on their contractual agreement and, subsequently, the proposed solutions. A comparative study is made with Australia and New Zealand on the legal issues relating to the relationship between the landlord and tenant. The findings from this study portray a need to adopt a single statute to govern the relationship between tenants and landlords in Malaysia, namely the Residential Tenancies Act.
The Malaysian land law provides that the title shall be indefeasible upon registration and security of tenure is guaranteed. However, for the Orang Asli, the Aboriginal Peoples Act 1954 (Act 134) only declares a communal right to the native for them to live and the right to revoke the declaration is vested in the government. It is now left to the court's decision in case law to decide the fate of the Orang Aslis' rights to land. This article aims to examine the Orang Aslis' land rights and the involuntary resettlement compensation accorded to them by using a doctrinal approach. Keywords: Registration; Aborigines; Revocation; Compensation eISSN: 2398-4287© 2022. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. DOI: https://doi.org/10.21834/ebpj.v7iSI7%20(Special%20Issue).3817
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