Kuwait Court of Cassation principle number 1383

Filiation to a deceased person is established only within an action concerning a right or property. The reason for this. - A judgment against a deceased person, like a judgment against an absent person, is permissible only in proceedings against a present opposing party, who is either an intentional party or a constructive party. - 254 - Procedure - The intentional party. Is an agent for the absent person, and the constructive party is the person present on behalf of the deceased where the claim against the deceased is necessarily a cause of, or a condition for, what the present person claims.