Akta Undang-Undang Sivil 1956
Applies to: Federal (whole of Malaysia, with different cut-off dates for Peninsular Malaysia, Sabah and Sarawak) · Official text ↗
- English common law and rules of equity apply only where there is no Malaysian written law on the point, and only as they stood on a cut-off date: 7 April 1956 (Peninsular Malaysia), 1 December 1951 (Sabah) and 12 December 1949 (Sarawak) (s 3(1)).
- Even then, English law is applied only so far as local circumstances permit, with local qualifications (proviso to s 3(1)).
- English land law is not imported: Malaysian land is governed by the National Land Code and other local laws (s 6).
- When a person is killed by someone's wrongful act, the family can claim loss of support, funeral expenses and a fixed bereavement award of RM30,000 (s 7, as amended in 2019). The claim must be brought within three years of the death (s 7(5)).
- Courts may award interest on debts and damages from the date the cause of action arose to judgment (s 11).
- If you were partly to blame for your own injury, your damages are reduced, not lost (s 12).
What this law covers
The Civil Law Act 1956 (Akta Undang-Undang Sivil 1956) is a short Act with two quite different jobs.
- Part II deals with the reception of English law: when Malaysian courts may use the common law of England and the rules of equity to fill gaps in Malaysian law.
- The rest of the Act contains practical rules of civil law that people meet in everyday claims: compensation for a family when someone is killed (s 7), survival of claims after death (s 8), joint wrongdoers (s 10), interest (s 11), contributory negligence (s 12), frustrated contracts (s 15), gaming and wagering contracts (s 26) and others.
It applies across Malaysia, but some rules have different dates or wording for Peninsular Malaysia, Sabah and Sarawak.
Reception of English common law and equity (s 3)
Malaysia inherited much of its legal system from English law. Section 3(1) tells the courts, where no other provision has been made by written law in force in Malaysia, to apply:
| Where | What is applied | Cut-off date |
|---|---|---|
| Peninsular Malaysia | Common law of England and rules of equity | As administered in England on 7 April 1956 |
| Sabah | Common law, rules of equity and statutes of general application | As in England on 1 December 1951 |
| Sarawak | Common law, rules of equity and statutes of general application | As in England on 12 December 1949 |
Three important limits apply:
- Malaysian written law comes first. If an Act or Enactment covers the point, English law is not used. Many areas, such as contract (the Contracts Act 1950), evidence and land, are now largely covered by Malaysian statutes.
- Local circumstances. The proviso to s 3(1) says English law is applied only so far as the circumstances of the States and their inhabitants permit, and subject to local qualifications. Courts can therefore decline to follow an English rule that does not suit Malaysian conditions.
- Equity prevails. If common law and equity conflict on the same matter, equity prevails (s 3(2)).
Section 6 adds that nothing in this Part brings in English law on the tenure, conveyance or succession of immovable property. Land is governed by the National Land Code and other Malaysian laws. See National Land Code.
English commercial law (s 5)
Section 5 deals with commercial matters such as partnerships, corporations, banking, agency, carriage by air, land and sea, insurance and mercantile law generally, where no Malaysian written law provides otherwise.
- In the Peninsular States other than Melaka and Penang, the law applied is English law as it stood when the Act came into force (s 5(1)).
- In Melaka, Penang, Sabah and Sarawak, the law applied is English law "at the corresponding period" (s 5(2)). Because of their history as British territories, this has been read as allowing later English commercial law to be applied, though the point has been debated.
In practice, s 5 matters less today because most commercial areas now have Malaysian statutes, such as the Companies Act 2016, the Partnership Act 1961 and the Financial Services Act 2013.
What this means today
For ordinary people, the reception provisions explain why Malaysian judges still discuss English cases. Common examples are the law of negligence, nuisance, trusts, and equitable remedies such as estoppel and constructive trusts. Malaysian courts are not bound by English decisions made after the cut-off dates. They may treat them as persuasive, and they increasingly develop the law using Malaysian decisions and those of other Commonwealth courts.
The Act does not affect Islamic law, which applies to Muslims in matters given to the States, or native customary law in Sabah and Sarawak. See How Malaysian law works.
Claims when someone dies in an accident (ss 7 and 8)
If a person is killed by someone else's wrongful act, neglect or default (for example in a road accident or through medical negligence), section 7 lets the family claim compensation from the person responsible. This is called a dependency claim (tuntutan tanggungan).
- Who benefits: the wife, husband, parent and child of the deceased, and, since the 2019 amendment, any person with disabilities under the deceased's care (s 7(2)). "Child" includes grandchildren and step-children; "parent" includes grandparents (s 7(11)).
- Who sues: the executor or administrator. If there is none, or they have not sued within six months of the death, the family members may sue themselves (s 7(8)).
- What can be claimed: loss of support, reasonable expenses and funeral expenses (s 7(3)). Insurance money, EPF, pensions and statutory benefits paid because of the death are not deducted.
- Loss of earnings rules: after the 2019 amendment, no future earnings are counted if the deceased was 60 or older. For a deceased aged 30 or below, the multiplier is 16 years' purchase. For ages 31 to 59, it is (60 minus age) divided by 2. The court deducts the deceased's own living expenses and does not count possible future pay rises.
- Bereavement: a fixed sum of RM30,000 (raised from RM10,000 in 2019), for the spouse, children and parents of the deceased (s 7(3A) and (3B)). Where more than one person is entitled, the sum is shared equally.
- Time limit: the action must be brought within three years after the death (s 7(5)).
Section 8 is separate: most claims that the deceased had, or that others had against the deceased, survive for or against the estate. Defamation claims do not survive. A tort claim against a dead person's estate must generally be started within six months after the personal representative takes out representation, unless it was already pending (s 8(3)).
The Civil Law (Amendment) Act 2019 (Act A1591) made these changes; a law-firm note reports it came into force on 1 September 2019. Claims that arose before that date continue under the old rules.
Other provisions people meet
- Joint wrongdoers (s 10): if two or more people caused the same damage, the victim can sue any of them, and a wrongdoer who pays can claim a fair contribution from the others.
- Interest (s 11): in a claim for a debt or damages, the court may add interest at a rate it thinks fit, for the period between when the cause of action arose and judgment. It cannot award interest on interest, and this power does not apply where interest is already payable as of right, for example under the contract. (Interest after judgment is dealt with under the rules of court.)
- Contributory negligence (s 12): if you were partly at fault, for example not wearing a seat belt, your damages are reduced by your share of the blame instead of being lost altogether.
- Frustrated contracts (s 15): money paid under a contract that has become impossible to perform can generally be recovered, with allowance for expenses the other side incurred.
- Gaming and wagering (s 26): betting agreements are void, and winnings cannot be recovered through the courts.
- Personal injury (s 28A): sets rules for assessing damages for injured people, including the same 60-year age cut-off for loss of future earnings since 2019.
Laws cited on this page
| Act 67 | Civil Law Act 1956 · Akta Undang-Undang Sivil 1956 | Official text |
| Act 135 | Partnership Act 1961 · Akta Perkongsian 1961 | |
| Act 136 | Contracts Act 1950 · Akta Kontrak 1950 | Official text |
| Act 685 | Persons with Disabilities Act 2008 · Akta Orang Kurang Upaya 2008 | Official text |
| Act 758 | Financial Services Act 2013 · Akta Perkhidmatan Kewangan 2013 | Official text |
| Act 777 | Companies Act 2016 · Akta Syarikat 2016 | Official text |
Listed automatically from the federal Acts named on this page. All laws of Malaysia →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 3(1) | Courts apply English common law and equity (as at 7 April 1956 in Peninsular Malaysia; 1 December 1951 in Sabah; 12 December 1949 in Sarawak) only where there is no Malaysian written law, and only as local circumstances permit. |
| s 3(2) | Where common law and equity conflict, equity prevails. |
| s 5 | English law on commercial matters applies where Malaysian written law is silent; different rule for Melaka, Penang, Sabah and Sarawak. |
| s 6 | English land law (tenure, conveyance, succession of immovable property) is not brought in. |
| s 7 | Family members (and, since 2019, a person with disabilities under the deceased's care) can claim loss of support and expenses when someone is killed by a wrongful act. |
| s 7(3A)-(3B) | Bereavement award of RM30,000 for the spouse, children and parents. |
| s 7(5) | Only one dependency action, which must be brought within three years of the death. |
| s 8 | Most causes of action survive for or against a deceased person's estate (not defamation). |
| s 10 | Joint tortfeasors: suing one does not bar suing others; contribution between wrongdoers. |
| s 11 | Court may award pre-judgment interest on debts and damages (not interest on interest). |
| s 12 | Contributory negligence reduces damages instead of defeating the claim. |
| s 15 | Money paid under a frustrated contract can be recovered, subject to expenses. |
| s 26 | Gaming and wagering agreements are void. |
Worked examples
Facts. Encik Faizal, aged 40 and earning RM4,000 a month, is killed when a lorry runs a red light. He leaves his wife Aminah, two children and his elderly mother.
The law. Under s 7, his estate (or, if no action is brought within six months, the family) can sue the lorry driver and owner for loss of support, funeral expenses and the RM30,000 bereavement award (s 7(3A), (3B)). For a 40-year-old the multiplier is (60 minus 40) divided by 2, or 10 years' purchase, applied to the support he would have given after deducting his own living expenses. The action must be filed within three years of the death (s 7(5)).
Outcome. The family should get a lawyer early, collect the police report, the post-mortem report and his salary records, and file within three years. Insurance payouts and EPF are not deducted from the claim.
Facts. Ravi is hit by a car that swerved into his lane. He was not wearing a properly fastened helmet, which made his head injury worse.
The law. Under s 12, the court decides what share of the blame was Ravi's and reduces his damages by that share. His claim is not defeated just because he was partly at fault.
Outcome. If the court found Ravi 20% to blame and assessed his damages at RM100,000, he would receive RM80,000.
Facts. Mr Tan's renovation company finished work for a client in January 2024 but was never paid RM40,000. The contract said nothing about interest. Judgment is given in 2026.
The law. Under s 11, the court may award interest on the debt for the period from when the cause of action arose to judgment, at a rate it considers fit. Because the contract did not provide for interest, s 11 applies.
Outcome. Mr Tan should ask for interest in his statement of claim. Interest after judgment then runs under the rules of court until payment.
Facts. Siti's lawyer cites a 2015 English Court of Appeal decision on negligence in her claim against a contractor.
The law. Under s 3, English common law applies only where Malaysian written law is silent, and as it stood in 1956 (Peninsular Malaysia). Later English decisions are not binding but can be persuasive. The court must also consider whether the rule suits local circumstances.
Outcome. The Malaysian court can consider the English case but will decide based on Malaysian statutes and binding Malaysian decisions first.
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Does English law still apply in Malaysia?
Only to fill gaps. Under s 3(1), English common law and equity apply where no Malaysian written law covers the matter, as they stood in 1956 (Peninsular Malaysia), 1951 (Sabah) or 1949 (Sarawak), and only as local circumstances permit. Later English cases can be persuasive but are not binding.
How much is the bereavement award for a death in an accident?
RM30,000 under s 7(3A), as increased by the Civil Law (Amendment) Act 2019. It can be claimed for the spouse, children and parents of the deceased. If several people are entitled, they share it equally.
How long do I have to sue for a family member's death?
A dependency action under s 7 must be brought within three years after the death (s 7(5)). Do not wait: evidence and witnesses are easier to find early, and different time limits may apply if a government body is involved.
Is EPF or insurance money deducted from compensation?
No. Section 7(3) says insurance payouts, EPF sums, pensions and gratuities, and statutory benefits paid because of the death are not taken into account when assessing damages.
Can I claim for my disabled brother who depended on my late father?
Since the 2019 amendment, s 7(2) allows a claim for the benefit of any person with disabilities who was under the deceased's care. "Person with disabilities" has the meaning in the Persons with Disabilities Act 2008. A lawyer can advise on evidence of dependency.
Can I recover a betting debt through the courts?
No. Under s 26, gaming and wagering agreements are void, and no action can be brought to recover money won on a wager. There is an exception for prizes for lawful games and sports.
All questions & answers → · Ask your own →
Sources
- Civil Law Act 1956 (Act 67), text (reprint via Low & Partners)
- Civil Law (Amendment) Act 2019 (Act A1591), gazetted text
- Skrine: The Civil Law (Amendment) Act 2019 (commencement 1 September 2019)
- Laws of Malaysia portal (Attorney General's Chambers)
Related
How Malaysian law worksContracts Act 1950Limitation Act 1953Road Transport Act 1987How a civil case runsNational Land Code (Revised 2020)Glossary of legal terms