Kuwait Court of Cassation principle number 431

The new law. Its non-application to the past. Its application, from its effective date, to legal positions arising after its entry into force. The reason for this. Example. - Establishment of parentage arising from a birth occurring before Law 51/1984 came into effect. Its effect. Application of the school of Imam Malik. - The conditions required to establish parentage through 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 is not severed under any circumstances. - The heirs' denial of the minor's parentage after the father's acknowledgment. It has no effect. The reason for this. - Establishment that the birth occurred during the subsistence of the marriage, that the husband procured the birth certificate, that nothing indicating his denial of paternity emanated from him, and that the papers contain no evidence that it was impossible for him and his wife to meet from the date of the marriage contract until the birth. Parentage is thereby established through 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.