Manresa Y Navarro, Comentarious al Codigo civil espanol, vol

Manresa Y Navarro, Comentarious al Codigo civil espanol, vol

Ex zona Tormes, 53 Roentgen. 396, 399 (1938) (quoting J. Ma. six, 501). The latest “concubinage so much more uxorio” is really excluded. Pick Sanabria v. Assistant from Health, Studies and you may Passions, 390 F.Supp. 538 (D.), aff’d, 530 F.2d 961 (1st Cir. 1976); Barbosa de Rosario, Consideraciones dentro de torno al concubinato, las comunas y este derecho de familia, 42 Rev.Jur.You. 345, 360-63, 367 (1973).

This difference between solution to purposes of property devolution is extreme enough to rob appellant of the great things about 42 U.S.C. § 416(h)(1)(A). Neither is that appellant is a widow in the dying give her right back contained in this that part to have nine months regarding legal relationships are needed. Their particular constitutional “equal safeguards” assault into the nine-week requisite try invalid lower than Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct porque nГЈo experimentar isto. 2457, 45 L.Ed.2d 522 (1975), and you may Matthews v. S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976) which kept comparable differences. For this reason, we cannot, in personal safety statutes, make it recuperation.

“The definition of ‘widow’. . . function the newest surviving partner of people, however, only if . . . she are hitched in order to your having a period of not less than simply 9 weeks immediately before the big date on what the guy passed away. . . .”

De Castro, 429 You

step 1. The new judge capacity of your hiring people. dos. Their consent. step 3. Authorization and you may occasion off good matrimonial offer according to models and you may solemnities recommended for legal reasons.”

Area step 1. — That whenever a guy and you may a lady in public places alive along with her inside a comparable domicil adopting the manner of husband and wife and you will a child shall be created on them consequently thereof, particularly relationship, if the parties thereto have the courtroom requisites and you will ability to package relationship and if zero lawful obstacle can be acquired, will for all objectives getting stored and you may deemed to-be a good legitimate relationship having the civil results of every other legitimate marriage; and you will one further wedding by the both of people to help you like union would be bigamous and you can is punishable therefore for the conformity towards the conditions of your own penal code.

It is obvious the criteria out of Blog post 69 just weren’t satisfied nine days just before appellant husband’s demise. And it is just as obvious you to Post 69 doesn’t contemplate conditions. In reality, in the event the Puerto Rico Legislative Construction after found to spot some common-law variety of marriage ceremonies, they noticed they was required to enact another type of rules for the purpose. One laws, new Work of February twelve, 1903, discussed “pure marriage” and built an operation to legitimize and you may check in eg unions. Serves and Resolutions of your Very first Example of your Area Legislative Set up 116-118 (1903). Nevertheless are quick-lived. Legislation away from 1903 is repealed toward February 7, 1906. Acts and you may Resolutions of one’s Next Lesson of the 3rd Legislative Construction 106 (1906). No other comparable law might have been enacted on the Commonwealth ever since then. For that reason, we feel the newest Commonwealth process of law manage conclude you to definitely appellant wasn’t legitimately partnered so you’re able to Mr. Montanez Figueroa, the fresh lifeless personnel, nine days before their demise.


This new inheritance liberties of a good widow, not, concern others portion of the assets obtained while in the marriage; actually it concern all that possessions that under the legislation out-of possessions belongs to not her, but for the dead. Good widow inherits an existence estate where assets, Civil Password, Art. 761, 31 L.An effective. § 2411, otherwise, inherits an outright label should your lifeless lover remaining no descendants, ascendants or collaterals doing the newest fourth training, Municipal Code, Arts. nine03-nine, 31 L.An effective. §§ 2671-eight. The newest “concubine,” however, inherits absolutely nothing. She’s zero such as for example demand for their particular lover’s property. In order to be a wife permitted an interest in the brand new deceased wife or husband’s property (such as the dry spouse’s 50 % of the property received through the marriage)


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