Manresa Y Navarro, Comentarious al Codigo civil espanol, vol

Manresa Y Navarro, Comentarious al Codigo civil espanol, vol

Ex zona Tormes, 53 Roentgen. 396, 399 (1938) (estimating J. Ma. six, 501). The fresh new «concubinage even more uxorio» is actually excluded. Get a hold of Sanabria v. Secretary of Fitness, Degree and Welfare, 390 F.Supp. 538 (D.), aff’d, 530 F.2d 961 (initially 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).

Which difference between solution to purposes of assets devolution try extreme adequate to deprive appellant of your own great things about 42 You.S.C. § 416(h)(1)(A). Nor is that appellant is a great widow on death render her right back contained in this one to part for nine weeks regarding legal wedding are essential. Their particular constitutional «equivalent security» attack on 9-week requirement is 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 therefore kept equivalent differences. Hence, we can’t, beneath the societal protection laws, succeed data recovery.

«The term ‘widow’. . . means the surviving spouse of individuals, but as long as . . . she are partnered so you’re able to him getting a time period of no less than just nine days immediately before the go out on what the guy passed away. . . .»

De- Castro, 429 U

step one. The new judge skill of your contracting parties. dos. The agree. step 3. Authorization and you may affair away from an excellent matrimonial package according to the forms and you may solemnities recommended legally.»

Area step 1. — Whenever a guy and you may a female publicly live with her inside a similar domicil pursuing the means of wife and husband and a child would be born on them consequently thereof, eg relationship, whether your events thereto feel the legal requisites and ability to package marriage while no lawful impediment exists, will for everybody objectives end up being stored and you can considered to-be a beneficial legal relationships with all civil outcomes of various other legitimate marriage; and you will people then matrimony because of the possibly of one’s functions in order to such union should be bigamous and you will are going to be punishable as a result in accordance towards conditions of your penal code.

It’s clear that the criteria out-of Article 69 weren’t fulfilled 9 days prior to appellant husband’s dying. And is equally obvious one to Post 69 doesn’t think of conditions. In reality, if the Puerto Rico Legislative Set up immediately following needed to spot particular common-laws types of marriages, they noticed they had to enact a special legislation for that objective. One law, the fresh new Work away from February twelve, 1903, outlined «absolute matrimony» and you can built a process so you can legitimize and you may check in particularly unions. Serves and Resolutions of your Very first Lesson of your own Area Legislative Installation 116-118 (1903). It is actually brief-resided. Legislation of 1903 is actually repealed to your March eight, 1906. Serves and you can Resolutions of the Next Tutorial of one’s 3rd Legislative Set-up 106 (1906). And no almost every other equivalent statute has been enacted regarding the Commonwealth since that time. Consequently, we feel brand new Commonwealth process of law manage stop you to appellant was not legally married to Mr. Montanez Figueroa, this new inactive staff member, nine weeks just before his death.


The new genetics rights out-of a good widow, but not, matter another part of the property acquired during the marriage; indeed it matter all of that possessions you to according to the laws regarding property belongs never to their unique, but into the dead. A good widow inherits a lifestyle home for the reason that assets, Civil Password, Art. 761, 30 L.A good. § 2411, otherwise, inherits a complete identity in case the dry lover remaining no descendants, ascendants otherwise collaterals up to the last studies, Municipal Password, Arts. 903-9, 30 L.A good. §§ 2671-seven. The newest «concubine,» however, inherits absolutely nothing. She’s no instance demand for their lover’s estate. In order to be a partner eligible to a desire for this new dead spouse’s possessions (including the dry wife or husband’s half of the home gotten throughout the relationship)