Ex zona Tormes, 53 R. 396, 399 (1938) (quoting J. Ma. six, 501). The fresh “concubinage much more uxorio” is excluded. Select Sanabria v. Secretary out of Fitness, Training and you will Welfare, 390 F.Supp. 538 (D.), aff’d, 530 F.2d 961 (first Cir. 1976); Barbosa de Rosario, Consideraciones durante torno al concubinato, las comunas y este derecho de familia, 42 Rev.Jur.U. 345, 360-63, 367 (1973).
Which difference in treatment for purposes of property devolution was significant sufficient to rob appellant of your advantages of 42 You.S.C. § 416(h)(1)(A). Nor normally the reality that appellant are a beneficial widow within demise provide their unique straight back inside you to definitely point for 9 days away from legitimate relationships are needed. Their constitutional “equivalent protection” attack into nine-times needs are incorrect around Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 (1975), and you will Matthews v. S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976) and this kept comparable distinctions. For this reason, we can’t, under the societal defense rules, make it recuperation.
“The word ‘widow’. . . form this new enduring partner of individuals, but only when . . . she are partnered so you’re able to him to have a time period of not less than 9 months immediately ahead of the go out on what the guy passed away. . . .”
De Castro, 429 You
step one. This new court capability of the hiring events. dos. The consent. step 3. Authorization and you will occasion regarding a good matrimonial deal according to the versions and you will solemnities recommended for legal reasons.”
Section step 1. — Whenever one and you can a woman in public areas real time with her into the an identical domicil pursuing the means of wife and husband and you can a kid might be created in it this means that thereof, for example commitment, in the event the parties thereto feel the courtroom requisites and you can capability to bargain relationships while zero lawful obstacle can be acquired, should for everybody motives be stored and you will considered becoming an excellent legal wedding which have most of the municipal negative effects of every other legitimate marriage; and people then matrimony from the sometimes of functions so you’re able to like union might be bigamous and are punishable as a result in the accordance on the provisions of your own penal password.
It is clear the standards away from Post 69 were not met 9 months ahead of appellant husband’s dying. And is also equally clear you to definitely Article 69 will not remember conditions. Indeed, in the event that Puerto Rico Legislative Assembly immediately following needed to identify some common-legislation sort of marriages, it believed it must enact a unique law regarding mission. You to definitely law, this new Work out-of February several, 1903, discussed “sheer matrimony” and based an operation to help you legitimize and register like unions. Serves and you will Resolutions of the Earliest Example of your own Point Legislative Set-up 116-118 (1903). It is actually quick-existed. Legislation off 1903 is repealed towards February hongkongcupid login de membro seven, 1906. Acts and Resolutions of your Second Lesson of your 3rd Legislative Set up 106 (1906). No other similar law has been passed in the Commonwealth since that time. Consequently, we think the newest Commonwealth courts perform stop that appellant was not legitimately partnered so you can Mr. Montanez Figueroa, the newest dead personnel, nine months just before his dying.
P.R
The fresh heredity rights of good widow, not, matter another part of the assets gotten during marriage; actually it question all of that possessions you to according to the laws of assets belongs to not their unique, but on the dead. Good widow inherits a lifestyle property because property, Civil Password, Ways. 761, 29 L.Good. § 2411, otherwise, inherits an absolute identity in the event your dry lover leftover no descendants, ascendants or collaterals around the newest next training, Municipal Password, Arts. 903-9, 31 L.A great. §§ 26eight1-7. Brand new “concubine,” however, inherits little. She’s got zero particularly need for their own partner’s property. To become a wife entitled to an interest in new lifeless partner’s possessions (such as the dry wife or husband’s 50 % of the house received during the wedding)