Manresa Y Navarro, Comentarious al Codigo civil espanol, vol
Ex lover zona Tormes, 53 R. 396, 399 (1938) (quoting J. Ma. 6, 501). The newest “concubinage a lot more uxorio” is clearly excluded. Select Sanabria v. Secretary out-of Fitness, Studies and you may Passion, 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 el derecho de familia, 42 Rev.Jur.You. 345, 360-63, 367 (1973).
This difference between treatment for purposes of property devolution are tall sufficient to rob appellant of your own great things about 42 You.S.C. § 416(h)(1)(A). Nor normally the truth that appellant is a great widow within death render their straight back in this you to area getting nine weeks away from lawful relationships are essential. Her constitutional “equivalent cover” attack towards the nine-day criteria is actually invalid below Weinberger v. Salfi, 422 U.S. 749, 95 S. 2457, forty-five L.Ed.2d 522 (1975), and Matthews v. De Castro, 429 You.S. 181, 97 S. 431, 50 L.Ed.2d 389 (1976) which upheld equivalent distinctions. Thus, we can’t, in societal security guidelines, allow healing.
“The definition of ‘widow’. . . mode the new thriving wife of individuals, however, on condition that . . . she are married to him to possess a period of believe it or not than simply nine months immediately before the date on which he died. . . .”
1. The fresh new court skill of your hiring functions. dos. Its concur. 3. Authorization and you may affair off good matrimonial package according to models and you can solemnities given by-law.”
P.Roentgen
Area 1. — That when men and you may a female in public places alive together within the a comparable domicil adopting the manner of wife and husband and a child shall be created on them this is why thereof, like connection, when your parties thereto feel the court requisites and power to deal relationship of course zero lawful obstacle exists, should for everyone objectives end up being held and you may deemed to get a good legal wedding that have most of the municipal results of almost every other legal marriage; and you will people next marriage because of the either of one’s events to help you eg partnership is going to be bigamous and you will will likely be punishable therefore for the accordance to the specifications of your own penal password.
Ct
It’s clear that the standards away from Post 69 just weren’t found 9 days in advance of appellant husband’s passing. And is equally obvious one to Article 69 does not consider exclusions. In fact, if Puerto Rico Legislative Installation once sought for to understand some common-rules sort of marriages, they noticed they had to enact a special law for this purpose. One legislation, the latest Work from March a dozen, 1903, defined “sheer wedding” and situated a process in order to legitimize and you will check in for example unions. Acts and you will Resolutions of Earliest Tutorial of your Area Legislative System 116-118 (1903). But it is actually brief-existed. The law off 1903 are repealed towards the March seven, 1906. Acts and you can Resolutions of your own 2nd Lesson of the 3rd Legislative Installation 106 (1906) Venezuelan kvinner som hustruer. With no almost every other equivalent statute has been introduced from the Commonwealth subsequently. Therefore, we think this new Commonwealth courts do stop you to definitely appellant was not legally hitched in order to Mr. Montanez Figueroa, the brand new dry personnel, 9 days in advance of his dying.
The newest genetics rights from a widow, yet not, matter additional portion of the possessions received throughout the relationships; in fact it concern all that assets one underneath the legislation out-of possessions belongs to not her, but to the deceased. Good widow inherits a lifestyle home for the reason that property, Municipal Password, Art. 761, 31 L.A. § 2411, or, inherits a total name in case the deceased lover left no descendants, ascendants otherwise collaterals up to this new fourth education, Civil Password, Arts. 903-nine, 30 L.Good. §§ 26eight1-7. The “concubine,” yet not, inherits nothing. She has zero eg interest in her lover’s home. To be a wife entitled to an interest in the brand new dead wife or husband’s assets (for instance the dead partner’s 1 / 2 of the house or property obtained through the relationship)
