Securing Proprietary Rights for Buyers of Unascertained Fungible Goods in a Bulk in Malaysia
DOI:
https://doi.org/10.21834/ebpj.v5iSI1.2323Abstract
The research aims to ascertain the most effective methods to protect the rights of buyers of unascertained fungible goods who have paid under a contract of sale subject to the Malaysian Sale of Goods Act 1957. The research method is doctrinal. The findings reveal that in the event the seller becomes insolvent, the buyer as unsecured creditors would need to compete with the other creditors for the price of the goods. The trust device and the adoption of section 20A and 20B of the English Sale of Goods Act 1979 could provide adequate protection by conferring proprietary rights to buyers. Â
Keywords: Contract; Sale of unascertained goods; Proprietary rights; Trusts. Â
eISSN: 2398-4287 © 2020. 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) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia. Â
DOI: https://doi.org/10.21834/ebpj.v5iSI1.2323
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Copyright (c) 2020 John Chong Oon Chuah, Azlena Khalid
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