Kuwait Court of Cassation principle number 762

Descent from a deceased person is established only within an action for a right or property. The reason therefor. - Judgment against a deceased person, like judgment against an absent person, is permissible only in proceedings against a present adversary, who is either an intentional adversary or a constructive adversary. - The intentional adversary. Is an agent of the absent person. The constructive adversary is the person present on behalf of the deceased where the claim against the deceased is necessarily a basis for, or a condition of, what the present person claims.