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Published October 21, 2023

Manresa Y Navarro, Comentarious al Codigo municipal espanol, vol

Ex lover zona Tormes, 53 Roentgen. 396, 399 (1938) (estimating J. Ma. 6, 501). The brand new “concubinage way more uxorio” is actually excluded. Come across Sanabria v. Secretary out of Wellness, Education and you can Appeal, 390 F.Supp. 538 (D.), aff’d, 530 F.2d 961 (very first Cir. 1976); Barbosa de- Rosario, Consideraciones en torno al concubinato, las comunas y este derecho de- familia, 42 Rev.Jur.U. 345, 360-63, 367 (1973).

So it difference between way to reason for property devolution try significant sufficient to deprive appellant of one’s great things about 42 U.S.C. § 416(h)(1)(A). Nor normally that appellant try a great widow at death promote their particular back within one point getting nine months from legal relationships are expected. Her constitutional “equal shelter” assault towards the 9-day needs are incorrect under 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, 50 L.Ed.2d 389 (1976) which upheld comparable distinctions. Thus, we cannot, underneath the public safety laws, create recovery.

“The definition of ‘widow’. . . means new surviving spouse of people, but as long as . . . she is hitched in order to your having a time period of no less than just nine months instantaneously before the go out on which he passed away. . . .”

De- Castro, 429 You

step one. The courtroom capabilities of your own hiring activities. dos. Its agree. step 3. Agreement and you can event out of a matrimonial package according to variations and you may solemnities prescribed legally.”

Section step 1. — That when one and you will a lady in public places live together inside the a similar domicil following a style of wife and husband and you can a young child is created to them because of this thereof, such as for instance union, if the people thereto feel the legal requisites and you can ability to contract matrimony just in case zero legal obstacle is obtainable, will for all objectives getting kept and you may deemed become an effective lawful relationship having the civil results of some other legal marriage; and any after that wedding of the sometimes of the events in order to particularly relationship are going to be bigamous and can be punishable therefore from inside the accordance toward conditions of penal code.

It’s obvious that requirements away from Post 69 just weren’t met nine days ahead of appellant husband’s dying. And it is equally clear you to definitely Article 69 cannot consider exceptions. Indeed, if the Puerto Rico Legislative Set-up immediately following found to understand certain common-laws type marriages, they felt they was required to enact a different sort of law for that goal. One laws, the fresh new Operate regarding March 12, 1903, discussed “pure matrimony” and you may oriented a process to help you legitimize and register such as for example unions. Acts and you may Resolutions of one’s Earliest Class of your own Section Legislative Construction 116-118 (1903). But it was short-resided. The law regarding 1903 is actually repealed for the March seven, 1906. Serves and you may Resolutions of the Second Training of your own 3rd Legislative Installation 106 (1906). No most other similar statute could have been introduced on the Commonwealth ever since then. Thus, we feel the Commonwealth courts create ending you to definitely appellant was not lawfully hitched to Mr. Montanez Figueroa, the dry staff, 9 months just before his dying.


The fresh genetics rights off a great widow, however, question others part of the possessions received throughout wedding; actually it matter all of that possessions that under the legislation out-of possessions belongs not to ever their particular, however, into dead. A beneficial RevisГµes do godatenow widow inherits a lives house where possessions, Municipal Password, Art. 761, 30 L.A great. § 2411, otherwise, inherits a total term when your deceased mate kept zero descendants, ascendants or collaterals to the latest next training, Municipal Password, Arts. 903-nine, 29 L.An effective. §§ 2671-seven. The “concubine,” not, inherits little. This lady has zero including demand for her lover’s estate. To be a wife eligible to a desire for the newest dry wife or husband’s assets (such as the dead wife or husband’s half of the property acquired through the wedding)