Kuwait Court of Cassation principle number 712

Establishing lineage to a deceased person is permissible only within an action for a right or property against an opposing party. Reason: - 455 - Personal Status establishing lineage to a deceased person requires a judgment against him, and a judgment against a deceased person is permissible only in proceedings against a present opposing party who is the constructive opposing party. Absence of this. Effect. Inadmissibility of the action. Example. - Filiation or paternity after the death of the father or son is not sought for its own sake, but for the rights arising from it, which constitute the true subject of the litigation; lineage is established within the proof of the right arising from it.