Kuwait Court of Cassation principle number 137

The new law. Its non-application to the past. Its application, from its effective date, to legal positions arising after its entry into force. Reason therefor. Example. - Establishment of filiation arising from a birth that occurred before Law 51/1984 came into force. Effect thereof. Application of the school of Imam Malik. - Establishment of a child’s filiation to his father according to the Maliki school. How established. By the marital bed, acknowledgment, or evidence. - The marital bed according to the Maliki school. Its meaning. - The conditions required to establish filiation by the marital bed according to the Maliki school. Their nature. - Establishment of filiation by the husband’s acknowledgment. Effect thereof. It cannot thereafter be denied and cannot be severed under any circumstances. - The heirs’ denial of the minor’s filiation after the father’s acknowledgment. Has no effect. Reason therefor. - Establishment of the occurrence of the birth during the subsistence of the marriage, the husband’s obtaining the birth certificate, the absence of anything indicating his denial of paternity, and the absence from the papers of evidence that it was impossible for him and his wife to meet from the date of the marriage contract until the birth. Thereby filiation is established by the marital bed, acknowledgment, and presumptions. The judgment’s reliance on presumptions from which it concluded that filiation should be denied. A violation of law requiring its cassation.