Ex lover zona Tormes, 53 R. 396, 399 (1938) (quoting J. Ma. 6, 501). The latest “concubinage even more uxorio” is actually excluded. Pick Sanabria v. Secretary regarding Fitness, Training and you may Welfare, 390 F.Supp. 538 (D.), aff’d, 530 F.2d 961 (1st Cir. 1976); Barbosa de Rosario, Consideraciones en torno al concubinato, las comunas y este derecho de- familia, 42 Rev.Jur.U. 345, 360-63, 367 (1973).

So it difference in answer to reason for possessions devolution try significant enough to rob appellant of the advantages of 42 You.S.C. § 416(h)(1)(A). Neither can be the point that appellant is actually an effective widow at the passing bring their particular straight back inside one to section getting nine days out of legitimate wedding are required. Their unique constitutional “equivalent security” attack to your 9-day requirement are invalid lower than Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and you will Matthews v. S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976) hence kept equivalent differences. Hence, we cannot, beneath the social defense regulations, allow it to be recuperation.

“The expression ‘widow’. . . form this new surviving wife ilha senhoras para o casamento of individuals, however, on condition that . . . she was hitched so you’re able to him to possess a period of no less than 9 days immediately before the big date on which the guy passed away. . . .”

De- Castro, 429 U

step one. The fresh new courtroom strength of your own hiring parties. dos. Their agree. step 3. Consent and you will affair out of good matrimonial package with regards to the versions and solemnities given for legal reasons.”

Section step one. — Whenever a person and you will a lady in public places alive together from inside the a similar domicil following means of wife and husband and you will children are created on it consequently thereof, such as for example commitment, if for example the people thereto have the legal requisites and you can ability to contract matrimony if in case no legitimate obstacle can be obtained, should for all intentions feel kept and you will deemed getting an excellent legal relationship having the civil negative effects of various other legitimate marriage; and one further marriage by sometimes of events so you’re able to like partnership are going to be bigamous and you will is punishable therefore from inside the accordance with the arrangements of the penal code.

It is obvious that standards of Post 69 just weren’t met nine days before appellant husband’s death. And it is similarly obvious you to definitely Post 69 doesn’t think about conditions. Actually, if the Puerto Rico Legislative System immediately following sought to identify some common-laws type of marriages, they sensed they must enact another type of legislation for this mission. You to definitely law, the fresh Act of February a dozen, 1903, outlined “natural wedding” and you can created a process to help you legitimize and you will sign in particularly unions. Acts and Resolutions of your own Earliest Example of your Section Legislative System 116-118 (1903). However it are short-lived. What the law states out-of 1903 try repealed with the February seven, 1906. Serves and you can Resolutions of one’s 2nd Training of your own Third Legislative Installation 106 (1906). And no almost every other comparable statute could have been enacted throughout the Commonwealth since that time. Thus, we believe brand new Commonwealth process of law perform end you to definitely appellant was not legally hitched so you’re able to Mr. Montanez Figueroa, brand new dry personnel, 9 months before their dying.

P.Roentgen

The fresh heredity legal rights out-of good widow, although not, matter another portion of the possessions acquired during the wedding; in fact it question all that property that under the laws off property belongs to not ever her, but towards the inactive. An excellent widow inherits a lives home because possessions, Municipal Password, Artwork. 761, 31 L.A good. § 2411, otherwise, inherits an outright name if for example the lifeless partner left zero descendants, ascendants or collaterals doing the fresh fourth degree, Municipal Code, Arts. 903-nine, 31 L.Good. §§ 2671-seven. The “concubine,” although not, inherits nothing. This lady has zero eg demand for their particular lover’s home. To be a partner entitled to an interest in the new dry spouse’s property (like the dry wife or husband’s half the property obtained throughout the marriage)