Manresa Y Navarro, Comentarious al Codigo municipal espanol, vol
Ex lover zona Tormes, 53 Roentgen. 396, 399 (1938) (estimating J. Ma. six, 501). The “concubinage much more uxorio” is omitted. Select Sanabria v. Assistant away from Health, Training and you can Welfare, 390 F.Supp. 538 (D.), aff’d, 530 F.2d 961 (very first Cir. 1976); Barbosa de Rosario, Consideraciones en torno al concubinato, las comunas y este derecho de- familia, 42 Rev.Jur.You. 345, 360-63, 367 (1973).
Which difference between answer to reason for assets devolution try extreme sufficient to rob appellant of benefits associated with 42 U.S.C. § 416(h)(1)(A). Nor can the fact that appellant was a widow in the death promote their particular straight back contained in this that area to possess 9 weeks regarding lawful relationship are expected. Their own constitutional “equivalent cover” attack to the 9-day criteria is actually incorrect below Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 (1975), and Matthews v. S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976) and this upheld equivalent differences. Ergo, we can not, underneath the social defense laws, create recovery.
“The phrase ‘widow’. . . function this new thriving spouse of individuals, but as long as . . . she are partnered to your to possess a period of not less than simply 9 days immediately prior to the go out on what the guy passed away. . . .”
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1. The new courtroom capacity of the contracting parties. 2. Its agree. 3. Authorization and you will affair of a great matrimonial bargain with regards to the versions and solemnities given legally.”
Area step one. — Whenever men and you may a female in public places alive along with her into the a comparable domicil following manner of wife and husband and you will a young child shall be created on it because of this thereof, like connection, whether your people thereto feel the court requisites and capability to contract marriage of course no lawful impediment exists, should for everybody objectives end up being stored and you will considered are a beneficial lawful relationships having all municipal ramifications of some other legal marriage; and you can one next marriage by both of one’s events in order to such partnership are going to be bigamous and are going to be punishable as a result in the accordance with the provisions of your own penal password.
It’s clear your standards out of Post 69 were not met 9 months prior to appellant partner’s death. And is just as clear one Post 69 cannot think of exclusions. In reality, in the event the Puerto Rico Legislative Assembly immediately after tried to determine particular common-laws type marriage ceremonies, they thought it must enact another law for this goal. One to rules, the fresh Act off February 12, 1903, laid out “pure wedding” and built a process so you can legitimize and you will check in such unions. Acts and Resolutions of one’s First Example of your Area Legislative Set-up 116-118 (1903). But it is actually quick-resided. What the law states off 1903 is repealed to the February 7, 1906. Acts and you will Resolutions of your own 2nd Tutorial of your own 3rd Legislative System 106 (1906). Without most other equivalent law has been enacted on the Commonwealth ever since then. Consequently, we feel the fresh Commonwealth process of law perform stop you to appellant wasn’t lawfully married so you’re able to Mr. Montanez Figueroa, the newest deceased staff member, nine months before their dying.
P.R
The latest heredity rights of a good widow, yet not, question another portion of the property acquired through the wedding; indeed it concern all that possessions you to beneath the legislation away from assets belongs not to ever their unique, but on dead. A great widow inherits a lifetime house where possessions, Municipal Password, Art. 761, 29 L.A beneficial. § 2411, or, inherits a total name in case the dead partner leftover zero descendants, ascendants otherwise collaterals up to this new 4th studies, Civil Code, Arts. 903-nine, 30 L.A great. §§ 26seven1-7. The fresh “concubine,” however, inherits nothing. She has zero such as for example need for her lover’s house. In order to be a spouse permitted an interest in the fresh new lifeless wife or husband’s assets (for instance the lifeless spouse’s half of the house or property gotten during wedding)
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