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The claimant taken out disabled widow’s insurance policies advantages toward worker’s income number, although Assistant denied their unique application since the claimant failed to meet up with the nine-few days period-of-marriage specifications in 42 U. 416(c). It assertion are kept by area court. Brand new claimant then appealed towards the You.S. Court regarding Is attractive on Very first Circuit. The fresh legal of appeals detailed you to definitely Puerto Rico does not admit common-legislation marriage ceremonies and that certain requirements for setting up a valid matrimony when you look at the Puerto Rico are prepared forward in Blog post 69 of the Civil Code, 31 L.P.Roentgen.A beneficial. § 231. This new court unearthed that, in cases like this, the requirements of Blog post 69 was indeed demonstrably perhaps not met nine days before the worker’s dying. The latest courtroom further unearthed that the fresh new claimant’s constitutional «equal coverage» attack towards the nine-week years-of-relationship needs are incorrect not as much as Weinberger v. Salfi, 422 You.S. 749, 95 S.Ct. 2457, forty-five L.Ed.2d 522 (1975), and you will Mathews v. de Castro, 429 U.S. 181, 97 S.Ct. 431, 50 L.Ed.2d 389 (1976). Brand new claimant in addition to contended you to definitely, since the she are the new worker’s concubine, she had the right significantly less than Puerto Rican law to help you inherit from the newest worker’s home since the their widow, and you can she would be deemed to be the fresh new widow of your employee not as much as 42 U. 416(h)(1)(A). This new judge from appeals unearthed that, significantly less than Puerto Rican legislation, a beneficial concubine out-of a worker keeps a right to a portion of the property received throughout concubinage however, do not have a right to inherit a widow’s display of your own lifeless worker’s intestate personal assets. For this reason, brand new claimant could not become deemed is new widow away from the brand new staff around 42 You. 416(h)(1)(A) by the application of the law away from Puerto Rico on the intestate succession. For the maintaining the latest section court’s decision affirming the newest FrancГЄs senhoras nos eua Secretary’s assertion from so it claim to own widow’s benefits, the legal from is attractive kept the claimant wasn’t called to benefits once the handicapped widow of staff.
She debated that, given that she as well as the personnel had cohabited for twenty years early in the day to the time of the ceremonial relationship, its cohabitation got turned its matchmaking toward a legal relationship really before 9-few days period
Appellant Esther Ayuso Morales tried Personal Protection impairment masters centered their standing because «widow» of your insured employee Honorio Montanez Figueroa. Lower than 42 U. § 416(c) so you’re able to meet the requirements while the a good «widow» a lady need started married for around 9 days at the time of their own partner’s passing. Appellant’s marriage took place inside the 9-week months. Positives was rejected.
For the desire, she appetite you to the woman is nonetheless qualified once the she cohabited with their own husband for two decades before the relationships. She adds that, in any event, significantly less than 42 U. § 416(h)(1)(A) an applicant was a great widow in the event that she would, «beneath the laws and regulations . . . [from Puerto Rico] deciding the brand new devolution away from intestate private possessions, have the same condition . . . because a partner . . . [or] widow. . . .» Come across fundamentally, Rombauer, Marital Updates and you may Qualifications to own Government Statutory Earnings Positives: An ancient Survey, 52 Wash.L.Rev. 227, 257 ainsi que. seq. (1977). She states your concubinage legislation of Puerto Rico offers their particular like status.
We simply cannot deal with appellant’s very first conflict. We understand you to definitely some traditional law jurisdictions admit low-ceremonial otherwise «common law marriage ceremonies.» These marriage ceremonies are created of the consent of one’s parties as the almost every other deal. F.W. Kuchlar, Legislation regarding Involvement and you will Relationships 1-5 (2d ed. 1978); select O.Age. Koegel, Common law ent in the us (1922). However, common-law marriage ceremonies are not approved into the Puerto Rico. The brand new requisites off a valid matrimony for the Puerto Rico are prepared ahead inside the Post 69 of the Civil Code, 30 L.P.Roentgen.An excellent. § 231. Included among these requisites is the «[a]uthorization and you can event from a beneficial matrimonial price with regards to the variations and you may solemnities prescribed legally.» On the lack of these models and you will solemnities, there was no matrimony. Rivera v. Section Courtroom of San Juan, 58 P.Roentgen.Roentgen. 352, 354 (1941); Vazquez Bote, Notas sobre este matrimonio durante derecho puertoriqueno, 49-56 Rev. P.Roentgen. 491, 493-94, 510-12 (1973-75). Age. Lalaguana Dominguez, Estudios de- derecho matrimonial 244-forty-five (1962).
