Manresa Y Navarro, Comentarious al Codigo civil espanol, vol
Ex lover parte Tormes, 53 R. 396, 399 https://kissbrides.com/pt-pt/fling-com-revisao (1938) (estimating J. Ma. 6, 501). The newest “concubinage a whole lot more uxorio” is clearly omitted. See Sanabria v. Secretary off Wellness, Training and you can Interests, 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 el derecho de familia, 42 Rev.Jur.You. 345, 360-63, 367 (1973).
It difference between way to purposes of assets devolution try extreme sufficient to deprive appellant of one’s great things about 42 U.S.C. § 416(h)(1)(A). Nor is the point that appellant try a good widow at the passing give their back within this one to section to have nine months off lawful relationships are essential. Her constitutional “equal cover” assault to the nine-week requirements was invalid around Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and you can Matthews v. S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976) hence upheld similar variations. Therefore, we can not, within the personal shelter rules, create recuperation.
“The expression ‘widow’. . . form the fresh new thriving partner of men and women, however, as long as . . . she was married to him for a time period of not less than just 9 weeks immediately prior to the big date on what he died. . . .”
De- Castro, 429 You
step one. This new court skill of your own employing parties. dos. Their consent. step three. Authorization and you will occasion out of a matrimonial contract with regards to the versions and you can solemnities recommended legally.”
Section step one. — Whenever a man and you will a female publicly alive along with her during the a comparable domicil adopting the technique of couple and you may a kid can be produced in it this is why thereof, instance connection, if for example the activities thereto have the court requisites and you will capability to bargain wedding while zero lawful impediment can be obtained, should for everybody motives end up being held and you can considered are a beneficial legitimate matrimony that have all civil outcomes of any kind of legitimate marriage; and any further relationships from the often of your parties so you’re able to such as partnership might be bigamous and you may is punishable therefore when you look at the accordance on arrangements of your penal password.
It is obvious your standards out-of Article 69 were not found nine months ahead of appellant husband’s dying. And is just as clear one to Post 69 will not consider exceptions. Indeed, in the event that Puerto Rico Legislative Set up just after wanted to understand particular common-law types of marriage ceremonies, they considered they needed to enact a special laws for the goal. One to rules, the brand new Act off March several, 1903, outlined “absolute marriage” and depending an operation to legitimize and you may check in eg unions. Acts and you may Resolutions of one’s Earliest Concept of your Point Legislative Construction 116-118 (1903). However it is actually quick-resided. Legislation out-of 1903 is actually repealed on the March seven, 1906. Acts and Resolutions of your own Second Session of the 3rd Legislative Set-up 106 (1906). With no other comparable statute could have been enacted regarding Commonwealth since that time. For that reason, we believe the brand new Commonwealth process of law carry out stop you to definitely appellant was not lawfully hitched to Mr. Montanez Figueroa, this new dry employee, 9 weeks prior to his passing.
P.R
The newest genetics rights off a widow, not, matter another portion of the possessions obtained through the relationships; actually it question all of that possessions you to definitely underneath the rules out-of possessions belongs not to their, however, to the dead. A good widow inherits a lifestyle property where assets, Civil Password, Artwork. 761, 30 L.An excellent. § 2411, or, inherits an outright label if your inactive mate leftover zero descendants, ascendants otherwise collaterals as much as the new 4th training, Civil Password, Arts. nine03-nine, 29 L.Good. §§ 26eight1-7. Brand new “concubine,” not, inherits absolutely nothing. She’s zero like demand for their lover’s property. To be a wife permitted an interest in the latest deceased partner’s property (such as the dry spouse’s 50 % of the house obtained throughout wedding)