Manresa Y Navarro, Comentarious al Codigo civil espanol, vol

Manresa Y Navarro, Comentarious al Codigo civil espanol, vol

Ex parte Tormes, 53 R. 396, 399 (1938) (quoting J. Ma. six, 501). New “concubinage alot more uxorio” is clearly omitted. Pick Sanabria v EslovГЎquia mulheres para o casamento. Secretary of Fitness, Knowledge and you can Hobbies, 390 F.Supp. 538 (D.), aff’d, 530 F.2d 961 (first Cir. 1976); Barbosa de- Rosario, Consideraciones en torno al concubinato, las comunas y este derecho de- familia, 42 Rev.Jur.You. 345, 360-63, 367 (1973).

So it difference between cure for purposes of property devolution is high sufficient to deprive appellant of the advantages of 42 U.S.C. § 416(h)(1)(A). Nor is the fact that appellant is actually good widow during the death give their unique back within this that part having nine weeks out-of lawful marriage are required. Their constitutional “equivalent defense” assault into the 9-few days criteria was invalid not as much as Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and you may Matthews v. S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976) hence upheld equivalent distinctions. For this reason, we can not, under the personal safeguards guidelines, make it data recovery.

“The phrase ‘widow’. . . function brand new enduring wife of individuals, but only if . . . she try partnered so you’re able to your to possess a period of not less than just nine weeks immediately ahead of the date on which the guy passed away. . . .”

De- Castro, 429 U

step one. The court capabilities of your own employing people. dos. Their consent. 3. Agreement and event out of an excellent matrimonial contract according to variations and solemnities recommended legally.”

Area 1. — That when a guy and you will a woman in public areas alive together with her within the an identical domicil following a style of husband and wife and you can a kid will likely be created to them as a result thereof, such as for example relationship, in case your people thereto have the legal requisites and power to offer relationships incase no legal obstacle can be obtained, shall for everybody aim be kept and you may deemed to be good legitimate marriage having every civil results of various other legal marriage; and you can any after that wedding by often of events to such as commitment shall be bigamous and is punishable therefore from inside the conformity on provisions of your own penal code.

It’s obvious your conditions of Blog post 69 were not met nine months prior to appellant husband’s demise. And is similarly clear that Article 69 cannot think of conditions. In reality, when the Puerto Rico Legislative Assembly shortly after tried to spot particular common-laws form of marriage ceremonies, it experienced it must enact an alternate laws for the mission. That legislation, the fresh new Act off March 12, 1903, outlined “absolute matrimony” and you may oriented a process to legitimize and you can sign in particularly unions. Serves and you may Resolutions of one’s Earliest Class of Section Legislative Installation 116-118 (1903). It is small-existed. What the law states off 1903 try repealed towards February eight, 1906. Serves and you can Resolutions of the Next Example of one’s Third Legislative Set-up 106 (1906). And no most other similar statute has been enacted from the Commonwealth since that time. For that reason, we believe the brand new Commonwealth process of law manage stop you to definitely appellant was not legitimately partnered to help you Mr. Montanez Figueroa, the dead personnel, 9 weeks in advance of their passing.


Brand new heredity legal rights out-of an effective widow, although not, matter others portion of the possessions obtained during marriage; in fact they concern all of that possessions you to within the rules out-of assets belongs never to their unique, however, on lifeless. A great widow inherits a lifetime estate for the reason that assets, Civil Password, Artwork. 761, 29 L.A great. § 2411, otherwise, inherits a complete identity when your lifeless lover remaining zero descendants, ascendants otherwise collaterals doing brand new next studies, Civil Password, Arts. 903-9, 30 L.A great. §§ 26seven1-seven. New “concubine,” yet not, inherits absolutely nothing. She’s got no instance need for their unique lover’s home. In order to be a wife eligible to an interest in the dry spouse’s property (such as the deceased spouse’s half of the house or property gotten while in the matrimony)