Equity and Trusts In Malaysia : Law & Practice By Dr Ashgar Ali | 2022

Equity and Trust In Malaysia : Law & Practice By Dr Ashgar Ali 

“[This is a] most anticipated book … providing a clear, comprehensive and contemporary discussion on the application of the rules, principles and remedies for both equity and trusts with a special focus on the law and practice in Malaysia.”

From the Foreword by
Tan Sri Dato’ Seri Dr. Syed Hamid Syed Jaafar Albar

The law of equity and trusts is both fascinating and complicated. It is a required subject in the study of law, and it must be learned by students as well as practitioners. Through 27 informative chapters, this book covers a wide range of topics in depth. The book aims to provide a clear exposition of the law of equity and trusts as it applies in Malaysia, with authors ranging from academics and legal practice. The chapters are organized so that the law of equity is covered first, followed by the law of trusts. This book will be the main go-to text for all students, as it closely follows the course outline used in most Malaysian universities.

While most of equity and trusts is based on English common law, this book has a strong emphasis on Malaysian decisions that have applied or refined the ideas for local use. To give this book a particularly Malaysian flavor, relevant legislation provisions are examined and discussed. The legal ideas are carefully stated and analyzed, with a wealth of citations to back them up. Foreign authority are mentioned suitably to establish core principles or when local sources are unavailable.

Equity & Trust In Malaysia covers topics such as maxims of equity, injunctions, specific performance, remedies, equity in Islamic jurisprudence, equity in international law, trusts for commercial purposes, the Islamic perspective on trust, and variation and extinction of trusts, in addition to the core topics of equity and trusts. The appointment, duties, and powers of trustees are covered in depth in this chapter.

This publication is an all-encompassing book on equity and trusts with reference to the law and practice in Malaysia, which will well fulfill the respective needs of students and practitioners. It is a remarkable, joint effort by subject matter specialists.

TABLE OF CONTENTS of Equity and Trust In Malaysia

1. Origin, Nature and Development of Equity
2. Function of Equity in Malaysia
3. Maxims of Equity
4. Legal and Equitable Assignment
5. Equitable Estoppel
6. Recovering Possession of Movable and Immovable Property
7. Specific Performance
8. Specific Performance and Reinstatement of Employment Contract
9. Other Types of Equitable Remedies
10. Injunctions
11. Interim Reinstatement Injunction
12. Equity Jurisdiction of Courts
13. Principles of Equity in Islamic Jurisprudence
14. Equity in International Law
15. Origin, Nature and Development of Trusts
16. Express Trusts
17. Resulting Trusts
18. Constructive Trusts
19. Secret Trusts
20. Charitable Trusts
21. Non-charitable Purpose Trusts
22. Trusts for Commercial Purposes
23. Trustees
24. Breach of Trusts, Protection and Defences
25. Variation, Revocation and Extinction of Trusts
26. Concept of Trust: Islamic Perspective
27. Waqf