Kuwait Court of Cassation principle number 705

The new law. Its nonapplication to the past. Its application, from the date it comes into operation, to legal positions arising after its entry into force. The reason for that. Example. - Establishment of lineage arising from a birth that occurred before Law 51/1984 came into operation. Its effect. Application of the school of Imam Malik. - Establishment of a child’s lineage from his father according to the Maliki school. How it is effected. Either by the marital bed, acknowledgment, or evidence. - 453 - Personal Status - The marital bed according to the Maliki school. Its meaning. - Conditions that must be satisfied to establish lineage by the marital bed according to the Maliki school. What they are. - Establishment of lineage by the husband’s acknowledgment. Its effect. It cannot thereafter be denied and is not severed under any circumstances. - The heirs’ denial of the minor’s lineage after the father’s acknowledgment. Has no effect. The reason for that. - Establishment of the birth during the subsistence of the marriage, the husband’s procurement of the birth document, the absence of anything indicating his denial of paternity, and the absence in the papers of evidence that meeting between him and his wife was impossible from the date of the marriage contract until the birth. Thereby lineage is established by the marital bed, acknowledgment, and presumptions. The judgment’s reliance on presumptions from which it concluded that lineage should be denied. A violation of the law requiring its cassation.