Kuwait Court of Cassation principle number 1236

A missing person whose remains were not found during the Iraqi invasion. The general rules prescribed for personal status matters are followed in establishing his death. - A person who goes missing and of whom no news is received either disappears in circumstances in which his death is presumed likely, or goes missing in circumstances in which his remaining alive is presumed likely. In the first case, four lunar years from the time he went missing are awaited before declaring him dead at the request of the persons concerned. Reason therefor. In the second case, the judge may assess the period during which the missing person would live, after search and investigation, and the missing person's death is effective from the time of the judge's judgment. - After a judgment declaring the missing person dead, his wife observes the waiting period for widowhood from the time the judgment is issued. Art. 147, Law 51 of 1984. - Effects of the judgment declaring the missing person dead. They take effect from the date of its issuance. Reason therefor: the missing person is considered alive while missing by presuming the continuation of the state in which he was at the beginning of his disappearance, if he was alive; it thus continues to be established for him and its rules remain applicable to him until evidence of his death is established. This is proof for his property remaining in - 559 - Personal Status his ownership and for preventing others from acquiring it by inheritance, but is not valid for entitling the missing person to another's property by inheritance. - Cases of presumption of continuity in the principles of jurisprudence. These include presuming the continuation of an attribute, such as life in respect of a missing person until evidence of his death is established. - Considering the missing person alive with a presumptive, probable life. This means that it is sufficient to prevent others from inheriting from him because he has not died, but insufficient for him to inherit from others because his life has not been verified. Effect thereof. Regard is had to his heirs existing at the time of issuance of the judgment deeming him dead. Those of them who died before that do not inherit from him. Reason therefor. Example. - 560 - Personal Status Fourteenth: Intervention of the Public Prosecution in Personal Status Actions