Kuwait Court of Cassation principle number 423

The new law. Does not apply to the past. Applies from the date it enters into force to legal positions formed after its entry into force. The reason therefor. Example. - Establishment of parentage arising from a birth that occurred before Law 51/1984 entered into force. Its effect. Application of the school of Imam Malik. - The conditions required for establishing parentage by the marital bed under the Maliki school. Their nature. - Establishment of parentage by the husband’s acknowledgment. Its effect. It cannot thereafter be denied and cannot be severed under any circumstances. - The heirs’ denial of the minor’s parentage after the father’s acknowledgment. Has no effect. The reason therefor. - Establishment that the birth occurred during the subsistence of the marriage, that the husband obtained the birth certificate, that nothing indicating his denial of filiation emanated from him, and that the papers contain no evidence of the impossibility of his meeting his wife from the date of the marriage contract until the birth. Parentage is thereby established by the marital bed, acknowledgment and presumptions. The judgment’s reliance on presumptions from which it concluded that parentage was negated. A violation of the law requiring its cassation.