Kuwait Court of Cassation principle number 346

Establishment of lineage to a deceased person may occur only within an action concerning a right or property against a proper adversary, because this requires a judgment against him. A judgment against a deceased person, like a judgment against an absent person, is permissible only in proceedings against a present adversary, whether intentionally, such as the agent of the absent person, or constructively, deemed present on behalf of the deceased where what is claimed against the deceased is necessarily a cause of, or a condition for, what is claimed against the present person. The reason therefor. Filial relationship or paternity after the death of the son or father is not sought for its own sake, but for the rights resulting therefrom, which are the true subject matter of the litigation.