Kuwait Court of Cassation principle number 1986

Affiliation to a deceased person is like a judgment against an absent person. It is permissible only against a present opposing party. The nature of this opposing party. An action for affiliation to a deceased person. It is admissible only within an action or another right. Reason therefor. Example. - Filiation or paternity after the death of the father or son is not sought for its own sake but for the rights arising therefrom, which constitute the true subject matter of the litigation. Establishment of lineage within the establishment of those rights. - Failure to bring an action for affiliation to a deceased person within another right constituting the subject matter of genuine litigation asserted against the deceased's heirs. Its effect. Its inadmissibility. A judgment's contravention thereof. It vitiates it and requires its cassation.