Manresa Y Navarro, Comentarious al Codigo civil espanol, vol

Manresa Y Navarro, Comentarious al Codigo civil espanol, vol

Ex lover zona Tormes, 53 Roentgen. 396, 399 (1938) (estimating J. Ma. six, 501). New “concubinage a whole lot more uxorio” is excluded. Look for Sanabria v. Assistant off Health, Knowledge and you can Appeal, 390 F.Supp. 538 (D.), aff’d, 530 F.2d 961 (very first 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 between answer to reason for possessions devolution was tall adequate to deprive appellant of your own benefits of 42 You.S.C. § 416(h)(1)(A). Nor can be the fact that appellant try a widow from the death render their back within this one point getting 9 days regarding legitimate marriage are expected. Their own constitutional “equivalent cover” attack on 9-times requisite try invalid 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 this kept comparable differences. Ergo, we can not, underneath the social security rules, allow it to be healing.

“The expression ‘widow’. . . setting the surviving spouse of men and women, however, only when . . . she is actually hitched to your for a period of no less than nine days immediately before the day on which the guy passed away. . . .”

De Castro, 429 U

step 1. Brand new courtroom capabilities of your own hiring functions. 2. Its agree. 3. Authorization and affair away from a great matrimonial deal according to forms and you will solemnities prescribed for legal reasons.”

Part step one. — That when a guy and you will a woman publicly alive together when you look at the the same domicil following the means of husband and wife and a young child would be produced on them because of this thereof, for example relationship, if your activities thereto feel the court requisites and you may ability to offer relationship incase no lawful impediment can be found, should for everybody motives be stored and you will considered become an effective legitimate relationship with all of the civil negative effects of some other legitimate marriage; and you will any subsequent relationship from the possibly of your people to help you such as commitment will be bigamous and you may is going to be punishable therefore within the conformity for the arrangements of the penal code.

It is clear that standards away from Post 69 were not fulfilled 9 weeks in advance of appellant partner’s demise. And is also similarly clear one Article 69 does not consider exclusions. In reality, in the event the Puerto Rico Legislative Installation just after desired to spot some common-rules form of marriage ceremonies, they believed they was required to enact an alternative rules for that mission. You to laws, brand new Act out of February 12, 1903, laid out “pure matrimony” and centered an operation in order to legitimize and you can sign in instance unions. Acts and Resolutions of your First Course of the Point Legislative Set up 116-118 (1903). It is small-stayed. What the law states from 1903 try repealed with the February seven, 1906. Acts and Resolutions of Second Tutorial of your 3rd Legislative Set up 106 (1906). No other equivalent statute has been introduced on Commonwealth since then. Consequently, we think brand new Commonwealth courts perform end you to appellant was not legally married to help you Mr. Montanez Figueroa, the dry employee, 9 days just before their demise.


This new genetics rights out of good widow, however, question the other portion of the possessions obtained throughout the matrimony; actually they concern all that assets that beneath the rules from assets belongs not to ever her, but to your inactive. A great widow inherits a life home for the reason that assets, Civil Password, Ways. 761, 31 L.A beneficial. § 2411, or, inherits a complete name whether your inactive spouse kept no descendants, ascendants otherwise collaterals to the brand new last education, Civil Code, Arts. 903-nine, 29 L.An excellent. §§ 2671-7. The new “concubine,” although not, inherits absolutely nothing. This lady has no eg need for their particular lover’s home. In order to be a wife permitted a desire for the fresh new lifeless wife or husband’s possessions (for instance the dry partner’s half of the house gotten while in the marriage)

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