Ex lover zona Tormes, 53 R. 396, 399 (1938) (quoting J. Ma. 6, 501). New “concubinage alot more uxorio” is actually excluded. Pick Sanabria v. Secretary off Wellness, Degree and you will Passions, 390 F.Supp. 538 (D.), aff’d, 530 F.2d 961 (very first Cir. 1976); Barbosa de- Rosario, Consideraciones en torno al concubinato, las comunas y el derecho de familia, 42 Rev.Jur.U. 345, 360-63, 367 (1973).

Which difference between means to fix purposes of possessions devolution are extreme adequate to deprive appellant of the great things about 42 You.S.C. § 416(h)(1)(A). Neither can also be that appellant is an effective widow within passing give their own back within this you to point having nine weeks of lawful relationship are required. Their unique constitutional “equivalent security” attack towards the nine-week requirements is invalid significantly less than Weinberger v. Salfi, 422 You.S. 749, 95 S. 2457, forty five L.Ed.2d 522 (1975), and Matthews v. De Castro, 429 U.S. 181, 97 S. 431, 50 L.Ed.2d 389 (1976) and this kept similar distinctions. Ergo, we cannot, in social shelter regulations, create recovery.

“The phrase ‘widow’. . . function the fresh thriving wife of an individual, however, only if . . . she is actually married to your having a time period of no less than nine days instantly ahead of the go out about what the guy passed away. . . .”

step 1. Brand new court capabilities of one’s employing functions. dos. Its agree. step three. Consent and you may celebration away from a great matrimonial price according to versions and you will solemnities recommended for legal reasons.”

P.Roentgen

Point 1. — That when a person and you will a female in public alive together during the a comparable domicil pursuing the a style of wife and husband and you will a child is created on them because of this thereof, instance partnership, in the event your people thereto have the courtroom requisites and ability to price wedding whenever no legitimate obstacle can be found, shall for everybody intentions end up being stored and you can considered is a great legal matrimony with all municipal effects of another legal marriage; and you will one subsequent matrimony because of the often of your own parties in order to such as commitment might be bigamous and are punishable as such when you look at the accordance on the conditions of your own penal password.

Ct

It is obvious your conditions from Article 69 were not found 9 months just before appellant husband’s demise. And is also similarly obvious that Blog post 69 will not consider exceptions. In reality, if the Puerto Rico Legislative Installation immediately after wanted to identify certain common-rules type of marriage ceremonies, they noticed it was required to enact a different sort of legislation for the purpose. One to law, the brand new Work of February a dozen, 1903, defined “sheer relationship” and you will depending a process so you’re able to legitimize and you will sign in instance unions. Acts and you can Resolutions of your own Basic Class of the Area Legislative Set up 116-118 (1903). But it was brief-lived. The law out-of 1903 is repealed towards March seven, 1906. Serves and you can Resolutions of the 2nd Session of 3rd Legislative Set up 106 (1906). And no most other similar law has been introduced from the Commonwealth since then. For that reason, we believe posta sipariЕџi gelini ol this new Commonwealth courts do stop that appellant wasn’t lawfully hitched so you’re able to Mr. Montanez Figueroa, the new dry staff member, 9 weeks just before their death.

The brand new heredity rights off good widow, not, question another portion of the property gotten during the relationships; in reality it matter all that possessions that under the rules out of property belongs not to their particular, however, towards the inactive. An excellent widow inherits a lives house for the reason that assets, Civil Password, Ways. 761, 31 L.A. § 2411, otherwise, inherits an absolute name in case your dry companion left no descendants, ascendants otherwise collaterals up to new last training, Civil Code, Arts. nine03-nine, 30 L.An effective. §§ 26eight1-7. This new “concubine,” but not, inherits absolutely nothing. This lady has no such as need for their unique lover’s home. In order to be a spouse entitled to a desire for new dry spouse’s assets (for instance the dead wife or husband’s half of the house acquired through the relationship)