Ex zona Tormes, 53 Roentgen. 396, 399 (1938) (estimating J. Ma. 6, 501). New “concubinage even more uxorio” is obviously omitted. See Sanabria v. Assistant from Health, Training and Interests, 390 F.Supp. 538 (D.), aff’d, 530 F.2d 961 (initial Cir. 1976); Barbosa de- Rosario, Consideraciones Namoro LatamDate durante torno al concubinato, las comunas y el derecho de familia, 42 Rev.Jur.U. 345, 360-63, 367 (1973).
It difference between treatment for reason for possessions devolution is extreme adequate to deprive appellant of one’s benefits associated with 42 You.S.C. § 416(h)(1)(A). Nor is also the point that appellant try a great widow in the demise provide their straight back contained in this you to point having 9 days of legal wedding are needed. Their particular constitutional “equivalent shelter” assault for the 9-times needs are invalid significantly less than Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 (1975), and you will Matthews v. S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976) and therefore kept equivalent distinctions. Therefore, we can not, beneath the social shelter guidelines, enable it to be data recovery.
“The term ‘widow’. . . form the brand new enduring wife of an individual, but only when . . . she try partnered to help you him having a period of not less than 9 weeks immediately ahead of the go out on which the guy died. . . .”
De Castro, 429 You
step 1. The newest legal potential of employing activities. 2. The consent. 3. Consent and you can celebration off a beneficial matrimonial price according to versions and you may solemnities prescribed by law.”
Area step one. — Whenever a man and you will a female in public alive together from inside the a comparable domicil adopting the means of couple and you will children is born in it as a result thereof, like commitment, if your events thereto have the judge requisites and you can power to price relationship and when zero legitimate impediment exists, shall for all purposes feel kept and you will deemed become an effective legal marriage that have all of the civil aftereffects of any lawful marriage; and you can one after that wedding from the both of your activities in order to instance union is going to be bigamous and you may would be punishable as a result for the conformity for the provisions of penal password.
It’s obvious that the requirements from Article 69 just weren’t fulfilled nine weeks ahead of appellant partner’s death. And is also similarly clear you to definitely Blog post 69 doesn’t remember exceptions. Indeed, in the event that Puerto Rico Legislative System just after sought to identify some common-rules types of marriage ceremonies, they experienced it must enact a special rules for that objective. That legislation, the latest Operate of March twelve, 1903, discussed “pure marriage” and you can established a process in order to legitimize and you will sign in such as for instance unions. Acts and you may Resolutions of your First Training of Part Legislative Assembly 116-118 (1903). It was brief-lived. Legislation off 1903 are repealed for the February 7, 1906. Serves and you will Resolutions of your own 2nd Session of your own 3rd Legislative Assembly 106 (1906). Without other comparable law could have been passed about Commonwealth since then. For that reason, we believe the brand new Commonwealth courts manage ending that appellant was not lawfully married to Mr. Montanez Figueroa, this new dead worker, 9 weeks in advance of his death.
P.Roentgen
The brand new genetics liberties away from good widow, although not, question another part of the possessions acquired through the marriage; in reality they concern all of that assets that according to the rules out-of possessions belongs never to their own, but towards the lifeless. A beneficial widow inherits a life home in this possessions, Civil Code, Artwork. 761, 30 L.An effective. § 2411, otherwise, inherits an absolute name in the event your dry mate leftover zero descendants, ascendants otherwise collaterals up to new last training, Municipal Code, Arts. 903-nine, 30 L.Good. §§ 2671-eight. Brand new “concubine,” yet not, inherits little. She’s zero such as need for their own lover’s estate. In order to be a partner eligible to a desire for this new deceased spouse’s assets (for instance the dry wife or husband’s half of the house or property acquired during the relationship)
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