THE STATUTES OF THE REPUBLIC OF SINGAPORE
CIVIL LAW ACT
(CHAPTER43)
(Original Enactment:Ordinance8of1909)
REVISED EDITION1999
(1st August1999)
Prepared and Published by
THE LAW REVISION COMMISSION
UNDER THE AUTHORITY OF
THE REVISED EDITION OF THE LAWS ACT(CHAPTER275)
1999Ed.
CHAPTER43
Civil Law Act
ARRANGEMENT OF SECTIONS
Section
1.Short title
2.Interpretation
3.Law and equity to be administered concurrently
4.Administration of insolvent estates,and winding up of
companies.Bankruptcy rules to prevail
5.Agreement by way of gaming or wagering to be null and void
6.Contracts which must be evidenced in writing
7.Trusts respecting immovable property and disposition of
equitable interest
8.Abolition of rule in Bain v Fothergill
9.Continuity of contracts on European Economic and Monetary
Union
10.Effect of death on certain causes of action
11.Abolition of right to damages for loss of expectation of life
12.Power of courts of record to award interest on debts and damages
13.Charges and mortgages over choses in action
14.Abolition of husband’s liability for wife’s torts and antenuptial
contracts,debts and obligations
15.Entitlement to contribution
16.Assessment of contribution
17.Proceedings against persons jointly liable for same debt or
damage
18.Successive actions against liability(jointly or otherwise)for
same damage
19.Interpretation and application of sections15to18
20.Right of action for wrongful act causing death
21.Bereavement
22.Assessment of damages
23.Appointments to be valid notwithstanding one or more objects
excluded,or only take an unsubstantial share
defendant
24.Executor deemed to be trustee for person entitled to residue on
intestacy
25.Executor of executor represents original testator
1
Section
26.
Devisee of land not to claim payment of mortgage debt out of movable property 27.
Bona vacantia,etc.28.
No person chargeable with rent bona fide paid to holder under defective title 29.
Rules to apply to State Courts 30.
Presumption of survivorship in regard to claim to property 31.
Accumulation of income 32.
Fixed perpetuity period of 100years 33.
Powers of appointment 34.
Necessity to wait and see 35.
Contracts of minors who have attained 18years of age 36.Legal proceedings and actions by minors who have attained
18years of age
The Schedule —Legal Proceedings and Actions
to which Section 36Applies
An Act to consolidate certain provisions of the civil law.
[23rd July 1909]
Short title
1.This Act may be cited as the Civil Law Act.
Interpretation
2.In this Act,unless the context otherwise requires —
“court ”means the High Court and includes any Judge thereof whether sitting in court or in chambers;
“executor ”means the executor or administrator of a deceased person,and includes,as regards any obligation,any person
who takes possession of or intermeddles with the property of a deceased person;
“will ”includes a codicil.
Civil Law 1999Ed.C AP .432
Law and equity to be administered concurrently
3.In every civil cause or matter commenced in the court,law and equity shall be administered by the court in its original jurisdiction and by the Court of Appeal according to the rules following:
Plaintiffs to have equitable relief in claims
(a )if any plaintiff claims to be entitled to any equitable estate or
right,or to relief upon any equitable ground against any deed,instrument or contract,or against any right,title or claim whatsoever asserted by any defendant in such cause or matter,or to any relief founded upon a legal right,which before 1st January 1879could only have been given by the court on its equity side,the court shall give to such plaintiff such and the same relief,as ought to have been given by the court,on its equity side,in a suit or proceeding for the same,or the like purpose,properly instituted before that date;
[42/2005wef 01/01/2006]
Defendants the same in defences
(b )if any defendant claims to be entitled to any equitable estate or
right,or to relief upon any equitable ground against any deed,instrument or contract,or against any right,title or claim asserted by any plaintiff in such cause or matter,or alleges any ground of equitable defence to any claim of the plaintiff in such cause or matter,the court shall give to every equitable estate,right or ground of relief so claimed,and to every equitable defence so alleged,such and the same effect,by way of defence against the claim of such plaintiff,as the court on its equity side ought to have given,if the same or the like matters had been relied on by way of defence,in any suit or proceeding instituted in the court on its equity side,for the same or the like purpose,before 1st January 1879;
[42/2005wef 01/01/2006]
Defendants to have relief against plaintiffs in suit,service and effect of service
(c )the court may also grant to any defendant,in respect of any
equitable estate or right,or other matter of equity,and also in Civil Law 3C AP .431999Ed.
respect of any legal estate,right or title claimed or asserted by him,all such relief against any plaintiff,as such defendant shall have properly claimed by his pleading,and as the court might have granted in any suit instituted for that purpose,by the same defendant against the same plaintiff before 1st January 1879and also all such relief,relating to or connected with the original subject of the cause or matter,and in like manner claimed against any other person,whether already a party to the same cause or matter or not,who has been duly served with notice in writing of such claim,pursuant to the Rules of Court,as might properly have been granted against such person,if he had been made a defendant to a cause,duly instituted by the same defendant for the like purpose;and every person served with any such notice shall thenceforth be deemed a party to such cause or matter,with the same rights,in respect of his defence against such claim,as if he had been duly sued in the ordinary way by such defendant;
[42/2005wef 01/01/2006]
Equitable rights appearing incidentally
(d )the court shall recognise and take notice of all equitable
estates,titles and rights,and all equitable duties and liabilities,appearing incidentally in the course of any cause or matter,in the same manner in which the court on its equity side would have recognised and taken notice of the same,in any suit or proceeding duly instituted therein before 1st January 1879;Suits not to be restrained by prohibition or injunction
(e )no cause or proceeding at any time pending in the court in its
original jurisdiction or in the Court of Appeal,shall be restrained by prohibition or injunction;but every matter of equity on which an injunction against the prosecution of any such cause or proceeding might have been obtained if the Civil Law Ordinance 1878(IV/1878)had not been passed,either unconditionally or on any terms or conditions,may be relied on by way of defence thereto;
Civil Law 1999Ed.C AP .434

版权声明：本站内容均来自互联网，仅供演示用，请勿用于商业和其他非法用途。如果侵犯了您的权益请与我们联系QQ:729038198，我们将在24小时内删除。