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Manresa Y Navarro, Comentarious al Codigo municipal espanol, vol

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Manresa Y Navarro, Comentarious al Codigo municipal espanol, vol

Ex zona Tormes, 53 Roentgen. 396, 399 (1938) (quoting J. Ma. 6, 501). The brand new “concubinage a lot more uxorio” is clearly excluded. Find Sanabria v. Secretary away from Fitness, Training and you can Interests, 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 el derecho de- familia, 42 Rev.Jur.U. 345, 360-63, 367 (1973).

That it difference between answer to reason for possessions devolution try extreme sufficient to rob appellant of your own great things about 42 You.S.C. § 416(h)(1)(A). Nor can the fact that appellant are an excellent widow in the death promote her back within this you to point getting nine months away from legitimate matrimony are expected. Their own constitutional “equal safety” assault into nine-week requisite is incorrect significantly less than Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty five L.Ed.2d 522 (1975), and you can Matthews v. S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976) and this kept similar variations. Hence, we can’t, underneath the public shelter laws and regulations, allow healing.

“The expression ‘widow’. . . setting the fresh surviving partner of people, however, only if . . . she is married so you can your having a period of no less than nine days instantaneously before the big date on what the guy passed away. . . .”

De Castro, 429 U

step 1. The fresh new courtroom potential of your contracting parties. 2. Its agree. 3. Consent and you may occasion off an effective matrimonial price with respect to the models and you will solemnities given by law.”

Section step one. — Whenever a person and you will a lady in public areas real time with her into the a similar domicil following technique of wife and husband and a young child will be born on it this is why thereof, such as for example commitment, if your activities thereto feel the courtroom requisites and you will ability to offer matrimony assuming no lawful impediment can be found, should for all objectives end up being stored and deemed becoming a good legal marriage that have all municipal results of any legal marriage; and you may people next matrimony from the often of one’s parties to such as for instance connection is bigamous and you can can be punishable as such within the conformity on the specifications of the penal code.

It is obvious that standards out-of Post 69 weren’t satisfied nine weeks before appellant husband’s death. And is also similarly obvious that Post 69 cannot consider conditions. In fact, in the event the Puerto Rico Legislative Set-up once sought to identify some common-laws method of marriages, they noticed they must enact an alternate rules for this goal. One to law, the latest Work of February twelve, 1903, laid out “absolute relationships” and you can situated a procedure in order to legitimize and you can check in particularly unions. Acts and you may Resolutions of your Basic Example of one’s Part Legislative Installation 116-118 (1903). Nevertheless are short-existed. The law of 1903 is actually repealed to your March 7, 1906. Serves and Resolutions of your own Next Concept of 3rd Legislative Construction 106 (1906). And no almost every other comparable law has been introduced from the Commonwealth since that time. Therefore, we believe this new Commonwealth process of law create conclude that appellant was not legitimately hitched to help you Mr. Montanez Figueroa, this new inactive worker, nine months before his death.

P.Roentgen

The heredity liberties from a beneficial widow, not, question additional part data de MeetNiceRussianA of the assets acquired while in the relationships; indeed it question all that assets you to underneath the laws out-of assets belongs to not their particular, however, on deceased. A beneficial widow inherits a lives estate in this property, Municipal Password, Art. 761, 29 L.A. § 2411, otherwise, inherits a total identity in case your dead companion kept zero descendants, ascendants otherwise collaterals doing the next studies, Civil Password, Arts. nine03-nine, 31 L.A beneficial. §§ 26seven1-eight. The latest “concubine,” not, inherits absolutely nothing. This lady has zero such need for their unique partner’s property. To become a wife eligible to an interest in the latest inactive partner’s possessions (including the inactive partner’s 50 % of the property received through the marriage)

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