Manresa Y Navarro, Comentarious al Codigo municipal espanol, vol

Ex lover parte Tormes, 53 Roentgen. 396, 399 (1938) (quoting J. Ma. six, 501). New «concubinage significantly more uxorio» is clearly excluded. See Sanabria v. Secretary off Wellness, Studies and you will Hobbies, 390 F.Supp. 538 (D.), aff’d, 530 F.2d 961 (first 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 way to reason for possessions devolution is actually extreme adequate to deprive appellant of one’s benefits associated with 42 You.S.C. § 416(h)(1)(A). Neither can be the fact that appellant was an effective widow on demise offer her right back within this you to section for nine days off legitimate matrimony are required. Their particular constitutional «equivalent safety» assault towards 9-week demands is invalid below Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and Matthews v. S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976) and this upheld comparable variations. For this reason, we simply cannot, under the societal defense guidelines, ensure it is healing.

«The definition of ‘widow’. . . setting the new surviving partner of individuals, however, only when . . . she was married in order to him to own a time period of no less than just 9 days instantly prior to the day on what he passed away. . . .»

De- Castro, 429 U

1. The new court skill of your employing activities. 2. Their agree. step 3. Authorization and you can occasion away from good matrimonial bargain with regards to the forms and you may solemnities given by-law.»

Area 1. — That when a person and you may a woman in public alive with her for the an equivalent domicil after the manner of husband and wife and you can a young child should be produced to them this is why thereof, including commitment, if the people thereto have the court requisites and power to contract relationships of course, if zero lawful obstacle can be acquired, will for everybody objectives be held and you will deemed to be a lawful relationships with all the municipal aftereffects of another legitimate marriage; and you can people then wedding from the often of your own events to like partnership will likely be bigamous and you may will be punishable as such for the conformity with the arrangements of one’s penal code.

It is clear the conditions off Post 69 just weren’t satisfied nine weeks prior to appellant husband’s dying. And it is equally clear you to Blog post 69 will not think about conditions. Indeed, in the event that Puerto Rico Legislative System immediately following tried to identify specific common-law type indiamatchA Г© real marriages, they sensed they was required to enact a different sort of law for this purpose. One rules, the Work away from February several, 1903, defined «absolute marriage» and you can oriented an operation to help you legitimize and you can check in such as unions. Serves and you may Resolutions of Earliest Lesson of one’s Area Legislative System 116-118 (1903). But it is short-resided. The law off 1903 is actually repealed into the March eight, 1906. Serves and you may Resolutions of one’s 2nd Example of your Third Legislative System 106 (1906). No most other similar statute might have been enacted from the Commonwealth since that time. Therefore, we feel this new Commonwealth courts manage stop one to appellant was not legally married in order to Mr. Montanez Figueroa, the latest inactive staff, nine months in advance of their passing.


The inheritance legal rights regarding a beneficial widow, yet not, concern another part of the possessions acquired during matrimony; indeed they matter all that property you to according to the law of property belongs to not ever their own, however, to the lifeless. A widow inherits a life property where assets, Municipal Code, Art. 761, 30 L.A beneficial. § 2411, or, inherits an absolute title in case your dry partner leftover zero descendants, ascendants or collaterals doing the last degree, Civil Password, Arts. nine03-9, 29 L.An excellent. §§ 2671-seven. New «concubine,» yet not, inherits nothing. This lady has zero particularly need for her lover’s estate. To become a wife permitted an interest in the new dead wife or husband’s property (like the inactive wife or husband’s 1 / 2 of the home gotten while in the wedding)