P.Roentgen

The brand new claimant taken out disabled widow’s insurance professionals to the worker’s money record, however the Assistant refused their own software just like the claimant don’t meet the 9-week years-of-wedding requisite into the 42 You.S.C. 416(c). It assertion are kept from the area court. The claimant upcoming appealed towards the U.S. Courtroom out-of Is attractive to the Basic Routine. New judge of is attractive noted one to Puerto Rico cannot know common-law marriages and therefore the needs for creating a valid matrimony within the Puerto Rico are prepared onward for the Post 69 of one’s Municipal Password, 30 L.An effective. § 231. This new courtroom discovered that, in this situation, the requirements of Post 69 were demonstrably maybe not fulfilled 9 weeks before the worker’s death. The legal subsequent learned that the fresh claimant’s constitutional “equal safety” assault to your 9-day course-of-relationship needs are invalid less than Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975), and you can Mathews v. de Castro, 429 U.S. 181, 97 S.Ct. 431, fifty L.Ed.2d 389 (1976). The fresh claimant also contended you to definitely, because she is new worker’s concubine, she got a right under Puerto Rican law in order to inherit away from the brand new worker’s home just like the their widow, and you will she are going to be deemed getting the brand new widow of personnel less than 42 U.S.C. 416(h)(1)(A). The fresh courtroom from appeals found that, under Puerto Rican legislation, an excellent concubine out-of a worker keeps a https://gorgeousbrides.net/no/latam-date/ right to a percentage of the home acquired over the course of concubinage but really does n’t have a straight to inherit an excellent widow’s show of your lifeless worker’s intestate private possessions. Therefore, the newest claimant couldn’t end up being deemed to-be the fresh widow away from the staff around 42 You.S.C. 416(h)(1)(A) by the applying of the law out-of Puerto Rico on the intestate sequence. In the upholding the brand new region court’s choice affirming the newest Secretary’s denial away from it allege to own widow’s pros, the brand new legal off appeals kept that the claimant wasn’t entitled to help you masters because disabled widow of one’s employee.

Appellant Esther Ayuso Morales wanted Personal Defense impairment professionals depending their standing while the “widow” of your own covered staff member Honorio Montanez Figueroa. Around 42 You.S.C. § 416(c) in order to be considered as a beneficial “widow” a female must have already been married for at least nine days at the time of their own partner’s passing. Appellant’s marriage took place inside 9-month period. Positives was indeed declined.

She argued you to, once the she and staff got cohabited to own 20 years prior into the big date of the ceremonial matrimony, their cohabitation had switched the relationship on an appropriate relationships well up until the 9-times months

Towards the desire, she urges you to definitely the woman is still qualified as the she cohabited having their own partner getting twenty years prior to its wedding. She contributes you to, in any event, significantly less than 42 You.S.C. § 416(h)(1)(A) a candidate is actually a beneficial widow if she’d, “in legislation . . . [regarding Puerto Rico] choosing the brand new devolution of intestate individual property, have the same condition . . . as a spouse . . . [or] widow. . . .” See essentially, Rombauer, Marital Position and you may Qualification to own Government Legal Money Advantages: An ancient Survey, 52 Tidy.L.Rev. 227, 257 ainsi que. seq. (1977). She says that the concubinage laws out of Puerto Rico gets their own including condition.

We can’t take on appellant’s basic conflict. We all know you to definitely some traditional law jurisdictions know low-ceremonial or “common-law marriage ceremonies.” These types of marriages are manufactured from the agree of functions once the various other package. F.W. Kuchlar, Law away from Wedding and you will Matrimony step 1-5 (2d ed. 1978); discover O.E. Koegel, Common-law ent in the united states (1922). However, common-law marriage ceremonies commonly recognized inside Puerto Rico. The latest requisites out-of a legitimate wedding for the Puerto Rico are ready forward in Article 69 of the Civil Code, 29 L.Good. § 231. Provided of those requisites is the “[a]uthorization and you may celebration out-of an excellent matrimonial contract with regards to the models and you may solemnities given by-law.” Regarding lack of such forms and you may solemnities, there’s zero matrimony. Rivera v. Section Courtroom away from San Juan, 58 Roentgen. 352, 354 (1941); Vazquez Bote, Notas acerca de este matrimonio en derecho puertoriqueno, 49-56 Rev. 491, 493-94, 510-a dozen (1973-75). Age. Lalaguana Dominguez, Estudios de derecho matrimonial 244-45 (1962).