Manresa Y Navarro, Comentarious al Codigo municipal espanol, vol

Ex zona Tormes, 53 R. 396, 399 (1938) (estimating J. Ma. six, 501). The « concubinage a great deal more uxorio » is really omitted. Come across Sanabria v. Secretary away from Wellness, Knowledge and you can Interests, 390 F.Supp. 538 (D.), aff’d, 530 F.2d 961 (1st Cir. 1976); Barbosa de Rosario, Consideraciones durante torno al concubinato, las comunas y el derecho de familia, 42 Rev.Jur.U. 345, 360-63, 367 (1973).

That it difference in way to reason for possessions devolution are tall sufficient to deprive appellant of benefits of 42 U.S.C. § 416(h)(1)(A). Nor normally that appellant try a great widow at passing promote their back within you to part having nine months off legitimate matrimony are needed. Her constitutional « equivalent coverage » attack to the nine-week requisite are invalid around Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and you can Matthews v. S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976) and that upheld equivalent variations. For this reason, we can not, according to the social security statutes, allow recovery.

« The term ‘widow’. . . mode the newest thriving spouse of men and women, however, on condition that . . . she are married so you can him for a period of no less than simply 9 weeks instantly ahead of the go out about what he died. . . . »

De Castro, 429 You

step one. The newest legal skill of your own contracting events. 2. Its consent. step 3. Authorization and you may celebration from a great matrimonial bargain according to versions and you will solemnities prescribed legally. »

Part step one. — That when one and a lady publicly alive along with her within the a similar domicil after the technique of wife and husband and you can a young child are going to be born on them thus thereof, like union, if your parties thereto feel the court requisites and you may capability to offer wedding and if no legitimate impediment is obtainable, shall for everybody objectives feel stored and you may considered to get a great legal wedding having the civil aftereffects of every other legal marriage; and you will one further relationships from the often of the functions so you can such commitment will likely be bigamous and you can is punishable therefore from inside the accordance toward arrangements of penal password.

It’s obvious that conditions out-of Post 69 weren’t satisfied 9 weeks just before appellant husband’s death. And is similarly clear one Blog post 69 doesn’t think about exceptions. Actually, in the event the Puerto Rico Legislative Set-up once sought to identify specific common-laws sort of marriage ceremonies, they thought they must enact an alternative law for that goal. One rules, the fresh Operate out of February several, 1903, laid out « absolute matrimony » and you will centered an operation to help you legitimize and sign in such as for example unions. Serves and Resolutions of your Basic Class of one’s Part Legislative Installation 116-118 (1903). Nonetheless it are quick-resided. The law from 1903 is repealed with the February eight, 1906. Acts and Resolutions of the Second Session of your own 3rd Legislative Set up 106 (1906). With no other comparable statute might have been passed from the homem italiano dating app Commonwealth since then. For that reason, we feel brand new Commonwealth process of law create ending one appellant wasn’t lawfully partnered to Mr. Montanez Figueroa, the fresh deceased employee, 9 days ahead of their death.


The fresh heredity rights of good widow, not, matter the other part of the assets obtained during matrimony; in fact it matter all that property you to definitely beneath the law away from possessions belongs to not ever their particular, but into lifeless. A good widow inherits an existence house in this property, Civil Code, Ways. 761, 30 L.An excellent. § 2411, or, inherits a complete term in the event the deceased spouse leftover no descendants, ascendants or collaterals to brand new next studies, Civil Password, Arts. nine03-9, 30 L.A great. §§ 2671-seven. The new « concubine, » although not, inherits absolutely nothing. She has no including interest in their particular partner’s property. In order to be a partner eligible to an interest in the dry partner’s property (like the lifeless wife or husband’s 50 % of the property gotten while in the wedding)