Kuwait Court of Cassation principle number 148

The new law. Its non-application to the past. Its application from its commencement date to legal positions formed after its entry into force. The reason therefor. Example. - Establishment of filiation arising from a birth occurring before the commencement of Law 51/1984. 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. - Conditions required for establishing filiation by the marital bed according to the Maliki school. What they are. - Establishment of filiation by the husband’s acknowledgment. Effect thereof. It is not thereafter susceptible to denial and cannot be severed under any circumstances. - The heirs’ denial of the minor’s filiation after the father’s acknowledgment. It has no effect. The reason therefor. - Establishment that the birth occurred during the subsistence of the marriage, that the husband procured the birth certificate, that nothing indicating his denial of parentage was forthcoming, 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. Filiation is thereby established by the marital bed, acknowledgment, and presumptions. The judgment’s reliance on presumptions from which it concluded that filiation was negated. A violation of the law requiring its cassation.