Ex lover parte Tormes, 53 Roentgen. 396, 399 como encontrar LetГґnia menina para o casamento (1938) (quoting J. Ma. six, 501). The newest ”concubinage far more uxorio” is actually omitted. Discover Sanabria v. Assistant out-of Fitness, Studies and you may Welfare, 390 F.Supp. 538 (D.), aff’d, 530 F.2d 961 (initially Cir. 1976); Barbosa de- Rosario, Consideraciones dentro de torno al concubinato, las comunas y este derecho de- familia, 42 Rev.Jur.U. 345, 360-63, 367 (1973).
So it difference in treatment for purposes of possessions devolution is significant sufficient to deprive appellant of your own advantages of 42 U.S.C. § 416(h)(1)(A). Neither normally the reality that appellant is actually a good widow within demise bring their right back contained in this that part to possess 9 weeks from lawful relationships are required. Their unique constitutional ”equal coverage” attack with the nine-month requirements are invalid below Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and you may Matthews v. S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976) and this kept similar differences. Hence, we simply cannot, beneath the social security legislation, allow healing.
”The word ’widow’. . . means the brand new surviving partner of men and women, but only if . . . she was married so you can your to possess a period of not less than just nine days instantly prior to the big date on which the guy died. . . .”
De Castro, 429 U
1. Brand new judge strength of your own hiring parties. dos. Its agree. step three. Authorization and occasion from an excellent matrimonial deal with regards to the models and solemnities recommended by-law.”
Section step 1. — That after a man and you will a lady in public places real time with her into the the same domicil following a style of wife and husband and you may children shall be produced to them thus thereof, eg connection, in the event your functions thereto feel the legal requisites and you will capability to offer marriage incase zero legitimate obstacle exists, shall for everybody motives feel kept and you will considered as an effective legitimate wedding that have all of the municipal results of any other lawful marriage; and you will any next relationships by often of your events to help you for example partnership should be bigamous and you will is punishable as such in the accordance into the terms of penal code.
It is obvious the criteria off Post 69 were not came across 9 days prior to appellant husband’s dying. And it is equally obvious that Article 69 cannot consider conditions. Indeed, in the event the Puerto Rico Legislative Assembly immediately after needed to determine particular common-law type of marriage ceremonies, they experienced it was required to enact a unique rules regarding mission. One rules, this new Work of February several, 1903, outlined ”natural relationships” and you can dependent an operation to help you legitimize and you may sign in such as unions. Acts and you will Resolutions of First Example of your Part Legislative Set-up 116-118 (1903). Nonetheless it is small-stayed. Legislation of 1903 is actually repealed for the February eight, 1906. Acts and Resolutions of your Next Tutorial of one’s 3rd Legislative System 106 (1906). With no almost every other equivalent statute might have been introduced about Commonwealth ever since then. For that reason, we believe new Commonwealth process of law manage ending that appellant was not legitimately married so you’re able to Mr. Montanez Figueroa, the new inactive staff, 9 weeks just before his demise.
P.R
The new inheritance legal rights off good widow, however, matter others part of the assets acquired through the relationships; in fact it matter all of that property you to definitely beneath the laws away from possessions belongs never to their own, however, towards the dead. An effective widow inherits a lifestyle home where possessions, Municipal Code, Art. 761, 31 L.A great. § 2411, or, inherits an outright identity if your deceased mate remaining zero descendants, ascendants or collaterals around brand new fourth studies, Civil Password, Arts. 903-nine, 29 L.A beneficial. §§ 26seven1-seven. The newest ”concubine,” however, inherits absolutely nothing. She has no like interest in their own partner’s property. In order to be a spouse eligible to an interest in the fresh new dry wife or husband’s possessions (such as the dry spouse’s half the home obtained while in the relationships)