Ex lover parte Tormes, 53 R. 396, 399 (1938) (estimating J. Ma. six, 501). Brand new “concubinage a lot more uxorio” is excluded. Come across Sanabria v. Assistant away from Fitness, Education and you may 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.You. 345, 360-63, 367 (1973).
This difference in means to fix purposes of property devolution try high enough to deprive appellant of one’s great things about 42 You.S.C. § 416(h)(1)(A). Neither can the fact that appellant is an excellent widow at demise render their unique back within that area having nine weeks from lawful relationship are essential. Their unique constitutional “equivalent security” assault into the 9-few days requisite is invalid not as much as site de encontros gratuito em espanhol Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and Matthews v. S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976) hence kept similar variations. For this reason, we cannot, within the public coverage rules, ensure it is recovery.
“The expression ‘widow’. . . form the brand new thriving partner of people, however, on condition that . . . she is actually hitched so you’re able to your for a period of believe it or not than just 9 months quickly ahead of the go out on which he died. . . .”
1. The brand new court strength of one’s employing activities. dos. Their agree. 3. Agreement and you can occasion out-of a beneficial matrimonial contract with respect to the versions and solemnities prescribed legally.”
Area step one. — That when a person and you may a female in public places live along with her in the the same domicil pursuing the manner of wife and husband and a young child might be born on it as a result thereof, such as for example partnership, if the parties thereto feel the legal requisites and capability to package relationship of course, if zero legal impediment exists, will for all objectives feel stored and you will deemed is a beneficial legal wedding with all the civil ramifications of any other legal marriage; and you can people after that relationships because of the either of one’s activities in order to such union would be bigamous and you can would be punishable therefore when you look at the accordance on the conditions of the penal password.
It’s obvious that conditions from Post 69 just weren’t fulfilled nine months in advance of appellant partner’s death. And it is just as obvious you to Post 69 will not think of exceptions. Indeed, in the event the Puerto Rico Legislative Construction shortly after found to identify specific common-rules type of marriages, it thought they must enact an alternative laws regarding mission. That rules, the latest Operate regarding March a dozen, 1903, outlined “natural matrimony” and you can based an operation so you’re able to legitimize and you can sign in such as for instance unions. Serves and you can Resolutions of your Very first Example of your Part Legislative System 116-118 (1903). Nonetheless it are short-existed. Regulations away from 1903 was repealed to the February 7, 1906. Acts and you may Resolutions of your own 2nd Tutorial of your own Third Legislative System 106 (1906). With no other comparable law could have been introduced from the Commonwealth subsequently. For that reason, we think brand new Commonwealth process of law carry out stop that appellant wasn’t legally married so you’re able to Mr. Montanez Figueroa, the latest deceased staff member, 9 days in advance of his death.
The brand new inheritance legal rights away from an effective widow, yet not, matter another part of the property acquired throughout marriage; indeed they question all of that property that beneath the rules away from assets belongs never to her, however, on inactive. A great widow inherits a life estate where assets, Municipal Code, Ways. 761, 30 L.A. § 2411, otherwise, inherits an absolute label in the event the deceased mate remaining no descendants, ascendants or collaterals up to the newest fourth degree, Civil Password, Arts. nine03-9, 31 L.An effective. §§ 26seven1-7. The latest “concubine,” however, inherits absolutely nothing. She has no like need for her lover’s home. To become a wife entitled to a desire for new dry spouse’s property (like the dry partner’s 50 % of the house or property obtained during the matrimony)
