Ex lover parte Tormes, 53 R. 396, 399 (1938) (estimating J. Ma. 6, 501). The brand new “concubinage much more uxorio” is in fact excluded. See Sanabria v. Assistant out of Fitness, Education and Hobbies, 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.U. 345, 360-63, 367 (1973).
This difference in means to fix reason for assets devolution was significant enough to rob appellant of your great things about 42 U.S.C. § 416(h)(1)(A). Neither is the truth that appellant is actually an excellent widow from the death give their back within this one to point to possess 9 weeks out of legal matrimony are essential. Her constitutional “equivalent defense” assault towards nine-week needs is invalid less than Weinberger v. Salfi, 422 You.S. 749, 95 S. 2457, 45 L.Ed.2d 522 (1975), and you will Matthews v. De- Castro, 429 You.S. 181, 97 S. 431, 50 L.Ed.2d https://gorgeousbrides.net/tr/brezilyali-gelinler/ 389 (1976) which upheld equivalent variations. Therefore, we can’t, underneath the personal coverage regulations, allow data recovery.
“The word ‘widow’. . . mode the fresh thriving wife of men and women, however, on condition that . . . she is partnered to him getting a period of believe it or not than nine days instantaneously before the day on what the guy passed away. . . .”
step one. The new courtroom ability of your employing functions. dos. Their consent. 3. Authorization and you may celebration regarding an effective matrimonial contract according to models and you may solemnities prescribed for legal reasons.”
P.Roentgen
Section step one. — That whenever a man and you can a woman publicly alive to each other during the an equivalent domicil after the a style of couple and you can an infant are going to be born on it this is why thereof, like connection, in case the parties thereto have the legal requisites and capability to package marriage and when zero legal obstacle is available, will for everybody aim become stored and you can considered become good legal relationship having the municipal effects of another legitimate marriage; and you can any next relationships of the both of the people to such as commitment will be bigamous and you will might be punishable as a result inside accordance into provisions of your penal code.
Ct
It is obvious that standards out of Post 69 just weren’t found 9 days just before appellant partner’s passing. And it is equally clear you to Article 69 does not contemplate exceptions. In fact, if the Puerto Rico Legislative Assembly just after looked for to spot particular common-rules form of marriages, it sensed they needed to enact a unique legislation for that purpose. You to definitely legislation, the fresh Operate away from February 12, 1903, defined “sheer matrimony” and based a procedure so you’re able to legitimize and you can check in like unions. Acts and you will Resolutions of one’s Earliest Tutorial of your own Section Legislative Set up 116-118 (1903). Nevertheless is actually brief-lived. The law off 1903 was repealed towards the March eight, 1906. Acts and Resolutions of one’s Next Tutorial of your Third Legislative Installation 106 (1906). And no almost every other comparable law could have been enacted in the Commonwealth subsequently. Thus, we believe brand new Commonwealth courts carry out finish you to appellant was not lawfully married so you can Mr. Montanez Figueroa, the fresh new deceased personnel, nine weeks before his demise.
This new heredity rights regarding a great widow, however, matter additional portion of the assets received during the marriage; in reality it matter all that assets one according to the laws off possessions belongs not to their own, however, towards dry. An excellent widow inherits a lives estate in this possessions, Municipal Code, Ways. 761, 29 L.A great. § 2411, otherwise, inherits a complete identity if your dry companion kept zero descendants, ascendants otherwise collaterals around this new next studies, Civil Code, Arts. 903-nine, 30 L.A. §§ 26seven1-seven. The new “concubine,” although not, inherits nothing. She’s no such as demand for their particular lover’s estate. To become a partner permitted an interest in the fresh lifeless wife or husband’s possessions (such as the lifeless partner’s half the house or property obtained throughout marriage)
