The application of contract law principles in domestic contracts

A domestic contract refers to agreement between persons having family relationship and despite the general rule of contract, that parties in social, domestic and family agreements do not have intention to create legal relations, domestic contracts are legally binding. In the context of family law, d...

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Main Authors:	Ibrahim, Norliah, Abd Ghadas, Zuhairah Ariff, Zakariah, Asri Amirul, Abdullah Asuhaimi, Farhanin
Format:	Article
Language:	English
Published:	UPM Press 2015
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/48041/ http://irep.iium.edu.my/48041/ http://irep.iium.edu.my/48041/1/48041.pdf

id	iium-48041
recordtype	eprints
spelling	iium-480412018-06-25T00:29:30Z http://irep.iium.edu.my/48041/ The application of contract law principles in domestic contracts Ibrahim, Norliah Abd Ghadas, Zuhairah Ariff Zakariah, Asri Amirul Abdullah Asuhaimi, Farhanin K Law (General) A domestic contract refers to agreement between persons having family relationship and despite the general rule of contract, that parties in social, domestic and family agreements do not have intention to create legal relations, domestic contracts are legally binding. In the context of family law, domestic contracts normally involves marriage contracts and separation agreements which includes among others; pre-nuptial agreement, settlement agreement, division of matrimonial property agreement and custody of children agreement. Despite the common nature and structure of domestic contract as a typical agreement, there are concerns by the 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 the contracts. In Malaysia, there is a proposal for the formation of a Family Court to improve procedures and providing a better service to families. The main objective of the Family Court is 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 family court, it is very important for the court to determines the approaches which shall be applied by the family court on domestic contract in comaprison to the judicail approaches on commercial contracts. This paper examines approaches of the courts in dealing with “family contracts” and compares them with the judicial approaches in dealing with commercial contracts. Research methodology adopted in this paper are statutory and doctrinal analysis. UPM Press 2015-11 Article PeerReviewed application/pdf en http://irep.iium.edu.my/48041/1/48041.pdf Ibrahim, Norliah and Abd Ghadas, Zuhairah Ariff and Zakariah, Asri Amirul and Abdullah Asuhaimi, Farhanin (2015) The application of contract law principles in domestic contracts. Pertanika Journal of Social Science & Humanities, 23 (S). pp. 281-290. ISSN 0128-7702 http://www.pertanika.upm.edu.my/Pertanika%20PAPERS/JSSH%20Vol.%2023%20(S)%20Nov.%202015/25%20JSSH%20Vol%2023%20(S)%20Nov%202015_pg281-290.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Ibrahim, Norliah Abd Ghadas, Zuhairah Ariff Zakariah, Asri Amirul Abdullah Asuhaimi, Farhanin The application of contract law principles in domestic contracts
description	A domestic contract refers to agreement between persons having family relationship and despite the general rule of contract, that parties in social, domestic and family agreements do not have intention to create legal relations, domestic contracts are legally binding. In the context of family law, domestic contracts normally involves marriage contracts and separation agreements which includes among others; pre-nuptial agreement, settlement agreement, division of matrimonial property agreement and custody of children agreement. Despite the common nature and structure of domestic contract as a typical agreement, there are concerns by the 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 the contracts. In Malaysia, there is a proposal for the formation of a Family Court to improve procedures and providing a better service to families. The main objective of the Family Court is 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 family court, it is very important for the court to determines the approaches which shall be applied by the family court on domestic contract in comaprison to the judicail approaches on commercial contracts. This paper examines approaches of the courts in dealing with “family contracts” and compares them with the judicial approaches in dealing with commercial contracts. Research methodology adopted in this paper are statutory and doctrinal analysis.
format	Article
author	Ibrahim, Norliah Abd Ghadas, Zuhairah Ariff Zakariah, Asri Amirul Abdullah Asuhaimi, Farhanin
author_facet	Ibrahim, Norliah Abd Ghadas, Zuhairah Ariff Zakariah, Asri Amirul Abdullah Asuhaimi, Farhanin
author_sort	Ibrahim, Norliah
title	The application of contract law principles in domestic contracts
title_short	The application of contract law principles in domestic contracts
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_sort	application of contract law principles in domestic contracts
publisher	UPM Press
publishDate	2015
url	http://irep.iium.edu.my/48041/ http://irep.iium.edu.my/48041/ http://irep.iium.edu.my/48041/1/48041.pdf
first_indexed	2023-09-18T21:08:16Z
last_indexed	2023-09-18T21:08:16Z
_version_	1777411079530348544

The application of contract law principles in domestic contracts

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