Ex zona Tormes, 53 R. 396, 399 (1938) (quoting J. Ma. 6, 501). The latest “concubinage a lot more uxorio” is in fact omitted. Discover Sanabria v. Assistant regarding Fitness, Studies and you may Passion, 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 este derecho de familia, 42 Rev.Jur.You. 345, 360-63, 367 (1973).

Which difference in way to purposes of possessions devolution are high adequate to deprive appellant of your own advantages of 42 U.S.C. § 416(h)(1)(A). Nor is the reality that appellant is a great widow within dying give their unique right back within one to point to have nine weeks out of legal matrimony are required. Their own constitutional “equal safeguards” attack with the nine-day criteria is actually incorrect lower than Weinberger v. Salfi, 422 U.S. 749, 95 S. 2457, forty five L.Ed.2d 522 (1975), and you may Matthews v. De Castro, 429 U.S. 181, 97 S. 431, 50 L.Ed.2d 389 (1976) hence upheld similar differences. Thus, we simply cannot, underneath the personal protection regulations, succeed data recovery.

“The expression ‘widow’. . . means the brand new enduring wife of men and women, however, as long as . . . she is hitched to him having a time period of believe it or not than just 9 months instantly prior to the go out on which he passed away. . . .”

1. This new court skill of the contracting events. dos. The concur. step three. Authorization and you can event hot belarusian girls date from a good matrimonial offer according to the models and you will solemnities given for legal reasons.”

P.R

Point 1. — That when a guy and you may a female publicly alive to one another for the an identical domicil pursuing the manner of couple and you may a baby will be born on it thus thereof, such connection, if for example the people thereto have the court requisites and ability to price wedding of course, if no lawful impediment can be found, should for everybody objectives feel held and you may deemed are a legal relationships having all municipal negative effects of virtually any lawful marriage; and any next wedding of the sometimes of the events to help you for example union will be bigamous and you may is going to be punishable as a result into the accordance towards the specifications of the penal password.

Ct

It is obvious your standards away from Article 69 weren’t met 9 weeks prior to appellant partner’s demise. And is just as clear that Blog post 69 will not think about exceptions. Actually, in the event the Puerto Rico Legislative System shortly after tried to spot certain common-law form of marriages, they sensed it must enact a separate law regarding goal. You to definitely legislation, the fresh new Act out of March 12, 1903, laid out “pure relationships” and you will built a procedure so you can legitimize and you will register particularly unions. Serves and you will Resolutions of Very first Course of Point Legislative Set up 116-118 (1903). Nonetheless it is actually brief-resided. What the law states out of 1903 is repealed to the February 7, 1906. Acts and Resolutions of one’s Second Course of one’s 3rd Legislative Construction 106 (1906). With no almost every other similar law has been enacted on the Commonwealth since that time. Thus, we think the Commonwealth courts perform finish one to appellant was not lawfully married so you’re able to Mr. Montanez Figueroa, the newest dry staff member, 9 months in advance of their demise.

The brand new heredity liberties away from a widow, although not, concern one other portion of the property received through the matrimony; indeed they concern all of that assets you to underneath the laws from property belongs not to ever her, however, toward deceased. Good widow inherits an existence estate in this assets, Civil Code, Art. 761, 29 L.A. § 2411, or, inherits an outright identity if the inactive spouse kept zero descendants, ascendants otherwise collaterals to the 4th education, Civil Code, Arts. 903-nine, 31 L.A beneficial. §§ 26seven1-7. The brand new “concubine,” however, inherits little. This lady has zero like demand for their particular lover’s house. To be a wife permitted a desire for the brand new inactive wife or husband’s possessions (such as the dry spouse’s 1 / 2 of the house or property received throughout the wedding)