Kuwait Court of Cassation principle number 704

Establishing lineage to a deceased person is like a judgment against an absent person. It is permissible only against a present adversary. The nature of this adversary. An action to establish lineage to a deceased person. Is admissible only within another action or right. The reason therefor. An example. - Filiation or paternity after the death of the father or son is not sought in itself, but rather for the rights resulting therefrom, which constitute the true subject matter of the litigation. Establishment of lineage as part of proving those rights. - Failure to bring an action to establish lineage to a deceased person within another right constituting the subject matter of genuine litigation asserted against the deceased's heirs. Its effect. Its inadmissibility. The judgment's contravention of this. Renders it defective and requires its cassation.