Ex parte Tormes, 53 R. 396, 399 (1938) (quoting J. Ma. 6, 501). The “concubinage a whole lot more uxorio” is obviously excluded. Come across Sanabria v. Secretary regarding Wellness, Knowledge and Passion, 390 F.Supp. 538 (D.), aff’d, 530 F.2d 961 (initial Cir. 1976); Barbosa de Rosario, Consideraciones durante torno al concubinato, las comunas y este derecho de- familia, 42 Rev.Jur.You. 345, 360-63, 367 (1973).
That it difference between way to purposes of possessions devolution are significant adequate to rob appellant of your own great things about 42 You.S.C. § 416(h)(1)(A). Neither can the point that appellant is actually a widow within dying provide their own straight back inside that point to possess 9 months from lawful marriage are required. Their particular constitutional “equivalent defense” attack into 9-week requirement try incorrect significantly less than Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 (1975), and Matthews v. S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976) and that upheld comparable variations. For this reason, we can not, within the societal coverage laws and regulations, allow recovery.
“The word ‘widow’. . . setting new enduring spouse of men and women, but as long as . . . she was married so you’re able to your for a time period of no less than just nine weeks immediately prior to the date on which he died. . . .”
De- Castro, 429 You
step one. The judge potential of the employing parties. dos. The consent. 3. Authorization and you may event off an excellent matrimonial contract according to the versions and you may solemnities prescribed by-law.”
Part step one. — That after a person and you may a woman in public real time with her inside an identical domicil following technique of wife and husband and a young child is created to them as a result thereof, such as union, should your functions thereto have the legal requisites and you may power to package wedding and when zero legitimate impediment can be obtained, shall for everyone purposes getting held and considered getting an excellent legal matrimony which have every civil negative effects of any kind of legitimate marriage; and you can one further relationship by the often of your activities to help you like relationship is bigamous and you can would be punishable as such into the accordance on provisions of penal code.
It is clear that the requirements out of Blog post 69 weren’t fulfilled nine weeks prior to appellant husband’s demise. And it is equally obvious one to Blog post 69 doesn’t contemplate exclusions. In fact, when the Puerto Rico Legislative System once desired to determine certain common-rules type marriages, it experienced they needed to enact yet another rules for the mission. That laws, the latest Work out of February 12, 1903, discussed “natural relationships” and you can created an operation in order to legitimize and sign in like unions. Acts and you may Resolutions of your own Basic Course of one’s Part Legislative System 116-118 (1903). Nevertheless try brief-stayed. The law from 1903 was repealed for the March 7, 1906. Serves and you will Resolutions of the Second Session of one’s 3rd Legislative System 106 (1906). And no other similar law has been enacted on Commonwealth subsequently. Consequently, we believe this new Commonwealth courts would stop that appellant wasn’t lawfully hitched so you’re able to Mr. Montanez Figueroa, brand new dead staff member, 9 days prior to his passing.
P.Roentgen
Brand new genetics rights of an excellent widow, yet not, question the other portion of the assets received during the marriage; actually they matter all of that property one to within the legislation away from possessions belongs to not ever their particular, but into the lifeless. A great widow inherits an existence property for the EtiГіpia mulheres reason that property, Municipal Code, Ways. 761, 30 L.A great. § 2411, otherwise, inherits a total term in case the dead partner kept zero descendants, ascendants otherwise collaterals doing brand new next training, Municipal Code, Arts. 903-9, 29 L.An excellent. §§ 26seven1-seven. The “concubine,” but not, inherits little. This lady has no such as for instance interest in her partner’s property. In order to be a partner eligible to a desire for brand new lifeless partner’s property (for instance the dead partner’s 1 / 2 of the house gotten through the matrimony)
