Ex zona Tormes, 53 R. 396, 399 (1938) (quoting J. Ma. 6, 501). This new “concubinage a lot more uxorio” is actually omitted. Select Sanabria v. Secretary out-of Health, Training and you can Hobbies, 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 in cure for purposes of possessions devolution are extreme sufficient to rob appellant of advantages of 42 You.S.C. § 416(h)(1)(A). Nor can the point that appellant was an excellent widow at passing provide their right back inside one to point having 9 months out of legitimate matrimony are essential. Their unique constitutional “equivalent protection” attack for the 9-day criteria is actually invalid below Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and Matthews v. S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976) which kept similar distinctions. Thus, we can not, within the social security rules, enable it to be recovery.

“The term ‘widow’. . . function the fresh enduring wife of men and women, however, as long as . . . she are hitched in order to your to have a time period of no less than simply nine days immediately before the date about what the guy passed away. . . .”

De- Castro, 429 U

1. The fresh new courtroom skill of hiring functions. dos. Their agree. 3. Authorization and you may celebration out-of a great matrimonial deal according to the models and solemnities given for legal reasons.”

Part step 1. — That after a guy and you will a woman in public areas alive together with her for the an equivalent domicil following a style of wife and husband and you can a child is created on them as a result thereof, including relationship, in the event your functions thereto feel the courtroom requisites and you will capacity to price matrimony of course, if zero legal impediment exists, shall for everyone objectives feel stored and you can deemed to get an excellent lawful matrimony that have every civil aftereffects of various other lawful marriage; and you may people subsequent wedding by sometimes of activities in order to such as union will likely be bigamous and you may shall be punishable therefore for the accordance for the provisions of your penal code.

It is clear that the criteria from Article 69 weren’t fulfilled 9 days ahead of appellant husband’s passing. And is also just as clear you to definitely Post 69 doesn’t remember exclusions. In reality, if the Puerto Rico Legislative System shortly after found to understand specific common-rules particular marriages, they noticed it had to enact a special law for the goal. You to definitely laws, the fresh new Work from March twelve, 1903, laid out “natural relationship” and you will created an operation in order to legitimize and you will register such as for example unions. Acts and you may Resolutions of the Very first Concept of the Point Legislative Construction 116-118 (1903). It was quick-existed. Legislation away from 1903 was repealed on March seven, 1906. Acts and you will Resolutions of one’s Next Tutorial of your 3rd Legislative Set up 106 (1906). Without most other equivalent statute could have been introduced on Commonwealth since then. Thus, we feel brand new Commonwealth courts create ending one appellant was not legally partnered so you can Mr. Montanez Figueroa, the fresh new inactive staff, nine weeks prior to their demise.

P.R

The fresh new heredity liberties away from an excellent widow, yet not, matter additional part of the possessions received throughout the relationship; indeed they concern all that property one beneath the laws away from property belongs not to ever their, but on inactive. A widow inherits a lifestyle home because possessions, Civil Code, Artwork. 761, 29 L.A. § 2411, otherwise, inherits an outright identity if for example the lifeless spouse left zero descendants, ascendants otherwise collaterals to new fourth training, Municipal Code, Arts. 903-9, 30 L.Good. §§ 26seven1-7. New “concubine,” however, inherits nothing. She’s zero eg interest in her partner’s estate. In order to be a wife entitled to a desire for brand new deceased wife or husband’s possessions (like the deceased spouse’s 1 / 2 of the property Haitiano casamento acquired throughout the wedding)